Louisiana Motion For Preliminary Default
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How to fill out Louisiana Motion For Preliminary Default?
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FAQ
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.
A default judgment means that the court has decided that you owe money. This a result of the person suing you in small claims court and you failed to appear at the hearing.
A motion for default is made when a defendant fails to file a timely answer to a complaint/petition.If you were not served with the original petition/complaint, you can always file a petition to reopen the case.
When a default is entered, the party who requested the entry of default must obtain a default judgment against the defaulting party within 45 days after the default was entered, unless the court has granted an extension of time.
The rule to show cause provided in Civil Code Article 102 shall allege proper service of the initial petition for divorce, that the requisite period of time, in accordance with Article 103.1, or more has elapsed since that service, and that the spouses have lived separate and apart continuously for the requisite period
What happens next? When you file your Motion and Affidavit to Set Aside Default, you will get a hearing date and time from the court clerk. At the hearing, the judge will grant or deny the motion. If the judge grants your motion, the default or default judgment will be set aside, and the case will move forward.
Preliminary default. A. If a defendant in the principal or incidental demand fails to answer or file other pleadings within the time prescribed by law or by the court, a preliminary default may be entered against him.
