Louisiana Affidavit - La. CC Art. 102 - No Children
Understanding this form
The Affidavit pursuant to La. CC Art. 102 - No Children is a legal document used during a divorce proceeding in Louisiana when there are no children involved. This affidavit confirms that the statements made in the divorce petition are accurate and allows the court to proceed with granting a divorce based on the information presented. Unlike other divorce forms, this affidavit specifically caters to dissolutions without minor children, streamlining the process for individuals seeking a divorce under these circumstances.
What’s included in this form
- Petitioner and Defendant details: Information about both parties involved in the divorce.
- Separation date: A declaration of the date the couple separated and stopped living together.
- Petition filing date: The date when the divorce petition was officially filed.
- Service of petition: Documentation confirming that the Defendant has been served with the petition.
- Confirmation of elapsed time: A statement affirming that more than 180 days have passed since serving the petition.
- Signature: An authorized signature from the Petitioner affirming the truthfulness of the affidavit.
Common use cases
This affidavit is needed when filing for a divorce in Louisiana under La. Civil Code Article 102, specifically for couples who do not have children together. It is utilized by the Petitioner to affirm the accuracy of the claims made in the divorce petition, thereby facilitating the legal process of obtaining a divorce clearance from the court.
Intended users of this form
- Individuals filing for divorce in Louisiana without any minor children.
- The Petitioner in the divorce proceeding who needs to substantiate their claims.
- Parties seeking an expedited divorce process under La. CC Art. 102.
Steps to complete this form
- Identify the parties involved: Enter the names of the Petitioner and Defendant.
- Specify the separation date: Provide the date when the couple began living separately.
- Enter the petition filing date: Input the date when the divorce petition was filed.
- Confirm the service date: Indicate the date when the Defendant was served the divorce petition.
- Sign the affidavit: The Petitioner must sign the document to validate the claims made.
Does this document require notarization?
Notarization is required for this form to take effect. Our online notarization service, powered by Notarize, lets you verify and sign documents remotely through an encrypted video session, available 24/7.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Common mistakes
- Failing to provide accurate dates, which can delay the divorce process.
- Not signing the affidavit, rendering it legally unenforceable.
- Omitting information about the Defendant's acceptance of the petition service.
Benefits of completing this form online
- Convenient access to downloadable templates tailored to Louisiana law.
- Editable formats available, allowing for personalization before submission.
- Quick completion process eliminates the need for legal consultation for straightforward cases.
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FAQ
In a proceeding for a separation from bed and board in a covenant marriage, a court may award a spouse all incidental relief afforded in a proceeding for divorce, including spousal support, claims for contributions to education, child custody, visitation rights, child support, injunctive relief and possession and use
In a 103 divorce, the spouses must live separate and apart for at least 180 days prior to the filing of the petition (365 days if there are minor children involved).You must have an agreement on child support and custody or a trial on those issues with a judgment in order to get a divorce with children in Louisiana.
In Louisiana, legal separation is only available to couples in a covenant marriage.If your spouse isn't guilty of any misconduct, you may ask the court for a legal separation if you and your spouse have lived separate and apart, without reconciliation, for a minimum of two years.
In 15 days (30 days if your spouse doesn't live in Louisiana), request that the Court Clerk set your case for a Preliminary Default. In a couple of days, the judge will finalize the divorce or may decide to first require a Confirmation of Default hearing before finalizing it.
Louisiana provides for fault and no-fault divorce options.Under a 102 divorce, a spouse can file a petition for divorce, allege jurisdiction and venue, and request a judgment of divorce after the parties have lived separate and apart from service of the petition or written waiver of service for a period of 180 days.
