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I am filing a 103 divorce in Louisiana. What's my next step?

Thibodaux, LA |

I just got my "judgment of preliminary default" signed by the judge in the mail. I have already filed everything else including affidavit attesting to the truth, affidavit of living separate and apart, and my spouse has also filed their relevent paperwork. Am I divorced yet or is there something else I need to file? Thanks!

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Attorney answers 2


A preliminary default must be confirmed in accordance with the Code of Civil procedure. There is a special provision for divoces requiring certifcation of that the record is complete and the the pleadings are proper and proper service has been made before the judge can make the judgment final. Defaults can be confirmed by a court appearance with a judge taking defaults with either testimony or in this case your affidavits. You will need to provide a Judgment for the judge to sign.
Many people do this without attorneys and it goes fine. If you do it wrong, your divorce judgment may have problems.

This response does not creat an attorney client relationship. In all cases, I recommend you seek a paid consultation with an attorney with expertise in this area.



Thank you.. So I do indeed have to file the "motion for confirmation of judgment by default without a hearing" and the "judgment of divorce" then. Can the judge still order a court hearing?


You need to confirm the preliminary default. This can only be done after 2 clear days from the day the default was entered. Basically you appear in court at what is called Motion Hour. Before you go to Motion Hour, you obtain the file from the clerk of court. You may need to obtain a cost sheet or certification of facts or other documentation as required by your local court rules. You will need to appear at Motion Hour with either one or two witnesses as required by your local rules. You and the witnesses are sworn in and the judge will ask you and your witnesses questions to confirm that you have been separated the required amount of time. You then give the judge a judgment you have prepared and if the judge is satisfied the judge will sign it.
As pointed out in the other answer, if you do this wrong, the divorce may be null and void.

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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