Louisiana Petition for Divorce with minor children, property, restraining order
Description
Key Concepts & Definitions
Petition for Divorce with Minor Children Property: This is a legal document filed in a court that not only requests the dissolution of a marriage but also addresses issues related to minor children (custody, support) and division of property. The process involves several legal considerations to ensure that the rights and welfare of minor children are protected and that property is equitably distributed among the spouses.
Step-by-Step Guide
- Gather Financial and Legal Documents: Collect all necessary documentation including financial records, marriage certificates, and any existing prenuptial agreements.
- Complete the Petition: Fill out the divorce petition form which includes specific sections for minor children and property division. Make sure all sections are completed accurately to reflect your wishes.
- File the Petition: Submit the completed petition to the appropriate family court. You will need to pay a filing fee.
- Serve Your Spouse: Legally deliver the petition to your spouse, giving them notice of the divorce action.
- Attend Court Hearings: Participate in scheduled court hearings that may address temporary custody, child support, and property division.
- Final Judgments: After all issues are resolved, the court will issue the final divorce decree, legally ending the marriage and detailing custody and property agreements.
Risk Analysis
- Legal Risks: Incorrect filing or insufficient documentation may delay the process or lead to unfavorable outcomes regarding custody or property division.
- Emotional Risks: Divorce proceedings can be emotionally charged, particularly with minor children involved, possibly impacting their mental health and well-being.
- Financial Risks: Divorce can be expensive, including attorney fees, court costs, and the potential financial loss from property division.
Key Takeaways
- Accuracy in filling out the divorce petition and providing comprehensive documents is crucial.
- Understanding legal procedures and rights involved in divorce can reduce risks and help achieve a fair outcome.
- Consider consulting with legal professionals to navigate the complexities of divorce involving minor children and property.
How to fill out Louisiana Petition For Divorce With Minor Children, Property, Restraining Order?
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FAQ
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.
In situations where a court issued a restraining order that lack jurisdiction, that order is also invalidated. If this is proven during the trial, you are not bound by such an order. Falsely accused. In case you are falsely accused of violating a restraining order, a defense attorney can clear you of all the charges.
Legally, you can date while going through divorce proceedings. If you have a covenant marriage, as recognized by the state of Louisiana, you may need to go through significant counseling before moving on, including dating, since a covenant marriage makes it much more difficult to pursue divorce.
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.
If the court schedules a hearing and grants the motion, the protection order will become immediately void and unenforceable. A protection order can only be dissolved by the court.
The cost to file a request for restraining order is $148.50. If you are unable to pay the cost, you may fill out a Motion to Proceed In Forma Pauperis. You can obtain this form from the Civil Division Office in Room 251 or by calling 389-3017.
After a full court hearing, a judge can issue a protective order. A protective order can generally last up to 18 months, and can later be renewed after a hearing in front of a judge. The parts of the protective order that tell the abuser to not abuse, harass, or interfere with you can last forever.
One of the main legal advantages that a person gains by filing the divorce petition before his or her spouse does is that the filer can request a Standing Order from the court when filing the petition.The person who files for divorce also chooses the jurisdiction in which they litigate the divorce.
Emergency Temporary Restraining Orders: If you are in need of emergency protection outside of regular court hours, the court may grant you an emergency temporary restraining order if there is an immediate and present danger of abuse. The judge must consider any and all past history of abuse, or threats of abuse, in
You have until your spouse files an answer to your complaint to cancel the divorce. By filing first you are the plaintiff and she will be the defendant. At trial, if your divorce case goes that far, you would go first.This means the reason for the divorce doesn't matter.