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Louisiana Petition to Waive Statutory Waiting Period Required for Remarriage After Divorce

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Most states don't have a remarriage waiting period after divorce, but some states have a statutory waiting time or allow a judge to create a waiting period for the parties. In some states, both parties must be given time to appeal the divorce decree before you can remarry. Those states that have remarriage waiting periods generally calculate the waiting period from the day the judge approves the divorce decree.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

Louisiana Petition to Waive Statutory Waiting Period Required for Remarriage After Divorce allows individuals who have recently divorced to petition the court to waive the mandatory waiting period before they can remarry. In Louisiana, the law requires a waiting period of 180 days after a divorce is finalized before either party can enter into a new marriage. However, under certain circumstances, individuals may need to remarry sooner and may convince the court to waive this waiting period. This petition provides an opportunity for individuals to present their case, explaining the reasons for the request and seeking an exemption from the statutory requirement. Common reasons for a Louisiana Petition to Waive Statutory Waiting Period Required for Remarriage After Divorce include employment or military obligations, financial matters, or personal reasons such as the desire to start a new family or address immigration concerns. Each case is unique, and it is important for individuals seeking a waiver to provide compelling and well-supported arguments to increase their chances of success. Types of Louisiana Petition to Waive Statutory Waiting Period Required for Remarriage After Divorce may include: 1. Louisiana Petition to Waive Statutory Waiting Period Due to Employment Obligations: This type of petition is filed when an individual's job requires them to be married or have a spouse for different benefits or legal reasons. Employment obligations can include contracts, job transfers, or a promotion that necessitates immediate marriage. 2. Louisiana Petition to Waive Statutory Waiting Period Due to Military Service: Members of the military, including active-duty personnel, may need to remarry quickly due to deployment, relocation, or other service-related obligations. This petition is designed for military personnel who require immediate remarriage to accommodate their military duties. 3. Louisiana Petition to Waive Statutory Waiting Period for Financial Matters: In certain cases, financial reasons may become an important factor in seeking to remarry without the waiting period. Individuals who need to combine assets, access insurance benefits or secure financial stability may petition the court with evidence of their financial circumstances to waive the waiting period. 4. Louisiana Petition to Waive Statutory Waiting Period for Personal Reasons: Sometimes, personal circumstances such as wanting to start a new family, addressing immigration concerns, or personal well-being may require an individual to remarry quickly after divorce. This type of petition should provide strong, substantiated reasons to convince the court that a waiver is in the best interest of the individual and any potential dependents. It is important to consult with a knowledgeable family law attorney to understand the specific requirements and process for filing a Louisiana Petition to Waive Statutory Waiting Period Required for Remarriage After Divorce. By providing the required documentation and presenting a well-prepared case, individuals may have the opportunity to have their waiting period waived, allowing them to remarry expeditiously.

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FAQ

Once the court enters a judgment of divorce, the divorce is not final for 30 days. This waiting period is to allow for an appeal. Neither spouse can remarry until the 30-day waiting period is over and the divorce judgment becomes final.

Why is there a waiting period to remarry? Some states mandate a 30-day waiting period after a divorce is finalized. This waiting period often exists because former spouses typically have 30 days to appeal a divorce agreement after the divorce is finalized.

Concomitantly, Louisiana Code of Civil Procedure Art. 1313(c) now permits service of court dates and deadlines to be served on an unrepresented party or attorney of record via e-mail. Of note, service is not complete unless the sender is in receipt of an electronic confirmation of delivery.

Substituted service allows the process server to leave service documents with another responsible third party such as parents or employer. The person receiving the documents is legally bound to serve the person named on the documents being served.

Acceptance Or Waiver Of Service To waive or accept service, the other party must be willing to accept a certified copy of the citation and petition and sign a written waiver. In cases of divorce, the written waiver must be in the form of an affidavit sworn and signed by the other party before a notary public.

(2)(a) When the defendant is not continued in custody subsequent to arrest, an indictment or information shall be filed within ninety days of the arrest if the defendant is booked with a misdemeanor and one hundred fifty days of the arrest if the defendant is booked with a felony.

The filing party must request service of the citation on all named defendants within ninety (90) days of the date of filing commencing the case. The Court counts 90 calendar days beginning on the day after the date of the filing of the petition for divorce.

Both Article 102 and Article 103 divorces in Louisiana are considered no-fault divorces. This means that neither spouse has to prove that the other spouse did something wrong in order to get a divorce. Instead, the spouses must live separate and apart without reconciling for the time required to get a divorce.

More info

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Louisiana Petition to Waive Statutory Waiting Period Required for Remarriage After Divorce