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How long does my wife have to respond to the answer I filed in response to her divorce papers.

Marrero, LA |

I was served a petition for divorce through my wife. I filed my answer to the divorce in the requested amount of time. However, since that has been filed she has not taken this any further. Does she have a certain amount of time to respon or can I file a preliminary default requesting a hearing due to her lack of response to the answer that I filed? This is for the 24th Judicial Court. Thanks for answers!

Attorney Answers 3


Check the rules in LA. You could probably get an attorney to tell you via the phone what the rules are.

This advice does not constitute an attorney client relationship.

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In a civil proceeding, once an answer is filed, if there is no discovery to be done, either party can ask for the matter to be set for trial. You cannot file a preliminary default because she has filed an answer. You must file a request to have the matter set for trial. The clerk of court may have a simply form that you can use to request a trial be set.

Every situation is different and you should consult your own attorney to go over all the particular facts in your case. The answer given is only intended to provide general guidance regarding rights and responsibilities.

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1 comment

Michael D. Conroy

Michael D. Conroy


Your posting indicates that your wife filed under La. Civil Code Article 103. If that is not the case and she filed under Article 102, then you would file a Rule to Show Cause for Final Divorce after the appropriate delays have run.


A motion to set for trial is the next step you will need to take. The 23th JDC Clerk of court may have a form motion you can file - check online or call their office directly.

Angelia F. Huszar is licensed to practice law in the State of Louisiana. A consultation can be scheduled to further discuss your case in detail by contacting 985-902-8755. The information contained on this site does not constitute a client-attorney relationship.

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