Fillable Printable Petition for Divorce - Louisiana

Petition for Divorce - Louisiana

These forms were prepared by the Self Help Resource Center for use in The Family Court of East Baton Rouge Parish

__________________________________ NO: __________________ DIV. ______

(PETITIONER)

THE FAMILY COURT

VERSUS

PARISH OF EAST BATON ROUGE

__________________________________ STATE OF LOUISIANA

(DEFENDANT)

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

PETITION FOR DIVORCE

NOW INTO COURT comes ___________________________________, of full age of majority

domiciled in the Parish/County of __________________________, State of _______________________,

who respectfully represents:

Made Defendant herein is ___________________________________, of full age of majority

domiciled in the Parish/County of _________________________, State of ________________________.

The parties were married on __________________________ in the Parish/County of

__________________________, in the State of __________________________. The parties last resided

together as husband and wife in the Parish/County of __________________________, in the State of

__________________________.

The parties began living separate and apart on __________________________, and have

continued to live separate and apart since that time, without reconciliation.

Neither party is an active member of the United States armed forces.

The parties did not contract a covenant marriage.

The following minor children were born of the marriage or adopted by the parties:

___________________________________

(CHILD’S NAME) (DATE OF BIRTH)

___________________________________

(CHILD’S NAME) (DATE OF BIRTH)

___________________________________

(CHILD’S NAME) (DATE OF BIRTH)

___________________________________

(CHILD’S NAME) (DATE OF BIRTH)

___________________________________

(CHILD’S NAME) (DATE OF BIRTH)

___________________________________

(CHILD’S NAME) (DATE OF BIRTH)

These forms were prepared by the Self Help Resource Center for use in The Family Court of East Baton Rouge Parish

Petitioner is entitled to and does desire a divorce under the provisions of Louisiana Civil Code

articles 103 (1) and 103.1, having lived separate and apart for more than three hundred and sixty-five

(365) days without reconciliation before the filing of this Petition.

WHEREFORE Petitioner prays that after all legal delays and due proceedings, this Court issue a

Judgment of Divorce in accordance with the provisions of Louisiana Civil Code articles 103 (1) and

103.1, and for all general and equitable relief.

PETITIONER FURTHER PRAYS that: (please select one of the following)

_____ Petitioner be cast with the costs of these proceedings.

_____ Defendant be cast with the costs of these proceedings.

_____ The parties share the costs of these proceedings in equal amounts.

Respectfully submitted,

_______________________________________

(SIGNATURE)

_______________________________________

(PRINTED FULL NAME)

_______________________________________

(STREET ADDRESS)

_______________________________________

(CITY/STATE/ZIP CODE)

_______________________________________

(TELEPHONE NUMBER)

______ DEFENDANT TO ACCEPT SERVICE

______ PLEASE SERVE:

_______________________________________

(DEFENDANT’S FULL NAME)

_______________________________________

(STREET ADDRESS)

_______________________________________

(CITY/STATE/ZIP CODE)

_______________________________________

(TELEPHONE NUMBER)

These forms were prepared by the Self Help Resource Center for use in The Family Court of East Baton Rouge Parish

__________________________________ NO: __________________ DIV. ______

(PETITIONER)

THE FAMILY COURT

VERSUS

PARISH OF EAST BATON ROUGE

__________________________________ STATE OF LOUISIANA

(DEFENDANT)

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

VERIFICATION

STATE OF ___________________________________

PARISH/COUNTY OF ___________________________________

BEFORE ME, the undersigned Notary Public, duly commissioned and qualified in this

state and parish, personally appeared:

___________________________________

PETITIONER’S NAME

who after being duly sworn, did depose and state that he/she is the Petitioner in the above and

foregoing numbered and entitled cause, that he/she has read the same, and that all of the

allegations contained therein are true and correct to the best of his/her knowledge, information,

and belief.

___________________________________

PETITIONER’S SIGNATURE

SWORN TO AND SUBSCRIBED before me this ________ day of

___________________________, 20_____, at _________________________________.

___________________________________

NOTARY PUBLIC

These forms were prepared by the Self Help Resource Center for use in The Family Court of East Baton Rouge Parish

__________________________________ NO: __________________ DIV. ______

(PETITIONER)

THE FAMILY COURT

VERSUS

PARISH OF EAST BATON ROUGE

__________________________________ STATE OF LOUISIANA

(DEFENDANT)

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

ACCEPTANCE OF SERVICE AND

WAIVER OF CITATION AND ALL DELAYS

STATE OF ___________________________________

PARISH/COUNTY OF ___________________________________

BEFORE ME, the undersigned Notary Public, duly commissioned and qualified in this

state and parish, personally appeared:

___________________________________

DEFENDANT’S NAME

who after being duly sworn, did depose and state that he/she is the Defendant in the above and

foregoing numbered and entitled cause and that:

Defendant acknowledges and accepts receipt of a certified copy of the Petition for

Divorce in the above and foregoing numbered and entitled cause;

Defendant expressly and formally waives the issuance of formal citation, service of

process, all legal delays, notice of trial, and appearance at trial; and

Defendant acknowledges that by signing this waiver, Petitioner will be able to go forward

with this divorce in the Defendant’s absence.

___________________________________

DEFENDANT’S SIGNATURE

SWORN TO AND SUBSCRIBED before me this ________ day of

______________________________________, 20______, at __________ o’clock ____.m., in

_________________________________.

___________________________________

NOTARY PUBLIC

These forms were prepared by the Self Help Resource Center for use in The Family Court of East Baton Rouge Parish

__________________________________ NO: __________________ DIV. ______

(PETITIONER)

THE FAMILY COURT

VERSUS

PARISH OF EAST BATON ROUGE

__________________________________ STATE OF LOUISIANA

(DEFENDANT)

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

MOTION AND ORDER FOR PRELIMINARY DEFAULT

NOW INTO COURT comes the Petitioner in this matter, who moves this Court for an Order

granting a preliminary default for the following reasons:

A Petition for Divorce was filed in this matter on _____________________, 20___ in this Court.

(please select one of the following)

_____ Defendant was served with the Petition on _____________________, 20___. At least 15

days have elapsed since service of the petition, and Defendant has not filed any answer or opposition.

_____ Defendant accepted service of the Petition and executed a waiver of citation and all legal

delays, on _____________________, 20___. No answer or opposition has been filed since that time.

WHEREFORE Mover prays that this Court enter a Preliminary Default against the Defendant.

Respectfully submitted,

_______________________________________

(SIGNATURE)

_______________________________________

(PRINTED FULL NAME)

_______________________________________

(STREET ADDRESS)

_______________________________________

(CITY/STATE/ZIP CODE)

_______________________________________

(TELEPHONE NUMBER)

Considering the above and foregoing Motion:

IT IS ORDERED that a Preliminary Default be entered into the minutes of this Court against the

Defendant in the above captioned matter, in accordance with the law and the rules of this Court.

THUS RENDERED AND SIGNED on this ______ day of _________________________, 20_______,

at Baton Rouge, Louisiana.

____________________________________

JUDGE, THE FAMILY COURT

These forms were prepared by the Self Help Resource Center for use in The Family Court of East Baton Rouge Parish

__________________________________ NO: __________________ DIV. ______

(PETITIONER)

THE FAMILY COURT

VERSUS

PARISH OF EAST BATON ROUGE

__________________________________ STATE OF LOUISIANA

(DEFENDANT)

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

MOTION AND ORDER TO SET TRIAL

NOW INTO COURT comes the Petitioner, who, on suggesting to this Court that Petitioner filed

a Petition for Divorce on _____________________, 20___, and that Defendant filed an Answer to the

said petition on ___________________, 20___, moves this Court for an Order to set the divorce for trial.

WHEREFORE Mover prays that this Court will set this matter for a trial on the divorce.

Respectfully submitted,

_______________________________________

(SIGNATURE)

_______________________________________

(PRINTED FULL NAME)

_______________________________________

(STREET ADDRESS)

_______________________________________

(CITY/STATE/ZIP CODE)

_______________________________________

(TELEPHONE NUMBER)

Considering the above and foregoing Motion:

IT IS ORDERED that this matter is set for trial for divorce at ___ o’clock a.m. on the ______

day of _________________________, 20_______, in accordance with the law and the rules of this Court.

THUS RENDERED AND SIGNED on this ______ day of _________________________, 20_______,

at Baton Rouge, Louisiana.

____________________________________

JUDGE, THE FAMILY COURT

PLEASE SERVE:

_______________________________________

(DEFENDANT’S FULL NAME)

_______________________________________

(STREET ADDRESS)

_______________________________________

(CITY/STATE/ZIP CODE)

_______________________________________

(TELEPHONE NUMBER)

These forms were prepared by the Self Help Resource Center for use in The Family Court of East Baton Rouge Parish

__________________________________ NO: __________________ DIV. ______

(PETITIONER)

THE FAMILY COURT

VERSUS

PARISH OF EAST BATON ROUGE

__________________________________ STATE OF LOUISIANA

(DEFENDANT)

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

JUDGMENT OF DIVORCE

This matter came before the Court pursuant to regular assignment. The Court, considering the

entire record, the testimony of the witnesses, and finding the law and evidence to be in favor thereof,

ruled as follows:

IT IS ORDERED, ADJUDGED, AND DECREED that a divorce a vinculo matrimonii is

hereby granted, dissolving forever the bonds of matrimony heretofore existing between the parties, on the

basis of their having lived separate and apart continuously and without reconciliation for a period of more

than three hundred and sixty-five (365) days prior to the filing of the Petition for Divorce in accordance

with Louisiana Civil Code articles 103 (1) and 103.1.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the petitioner / defendant

is allowed to resume the use of her maiden name at her option, which is ___________________________

____________________________, according to Louisiana Code of Civil Procedure article 3947.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that costs of court in this

matter are assessed against _____________________________________________________________.

JUDGMENT READ, RENDERED, AND SIGNED on this ______ day of

_________________________, 20_______, at Baton Rouge, Louisiana.

____________________________________

JUDGE, THE FAMILY COURT

PLEASE SEND NOTICE TO:

____________________________________

(PETITIONER FULL NAME)

____________________________________

(STREET ADDRESS)

____________________________________

(CITY/STATE/ZIP CODE)

____________________________________

(TELEPHONE NUMBER)

____________________________________

(DEFENDANT FULL NAME)

____________________________________

(STREET ADDRESS)

____________________________________

(CITY/STATE/ZIP CODE)

____________________________________

(TELEPHONE NUMBER)