Divorce Forms for Louisiana 103 No-fault divorce

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Divorce Forms for Louisiana 103 No-fault divorce
PLAINTIFF
NUMBER:
DIV. “
“
THE FAMILY COURT
VERSUS
PARISH OF EAST BATON ROUGE
DEFENDANT
STATE OF LOUISIANA
PETITION FOR DIVORCE
Pursuant to Louisiana Civil Code Article 103(1)
This is the petition of Plaintiff, who is a resident of the full age of majority domiciled in
the East Baton Rouge Parish in the state of Louisiana, and who respectfully represents that:
1.
The defendant in this suit is _______________________________________, who is
domiciled in the Parish of East Baton Rouge in the State of Louisiana.
2.
This Court has subject matter jurisdiction over the status of the divorce in this matter
pursuant to Louisiana Code of Civil Procedure article 10(A)(7) because both Plaintiff and
Defendant are domiciled in this state.
3.
Venue is proper in this Court pursuant to Louisiana Code of Civil Procedure article
3941 because both Plaintiff and Defendant are domiciled in East Baton Rouge Parish and
East Baton Rouge Parish was the last matrimonial domicile of the parties.
4.
Plaintiff and Defendant were married on ________________________________
in the city of ____________________________, state of ___________________________,
and, they thereafter established their matrimonial domicile in the city of
____________________________ in _____________________________ Parish, Louisiana.
Their last matrimonial domicile was in _________________________________ Parish.
5.
The parties have not contracted a covenant marriage.
6.
Plaintiff and Defendant physically separated on ___________________________,
and they have voluntarily lived separately and apart continuously since that date, a period of
more than six months prior to the date this petition was filed.
7.
There has been no reconciliation between Plaintiff and Defendant since the date the
parties separated and began living separately and apart.
8.
No children were born of the marriage between Plaintiff and Defendant; and no
children were adopted by either party.
9.
The parties have already amicably partitioned all of the property they owned in
community.
10.
__________________________, Plaintiff, now desires and is entitled to a judgment
of divorce from the Defandant under the provisions of LA. C.C. 103(1).
WHEREFORE, Plaintiff prays that there be judgment of divorce from the
Defendant, forever dissolving the bonds of matrimony that exist between them.
Respectfully submitted in proper person by:
_________________________________
Plaintiff
Attention Clerk:
No service is required.
Defendant intends to waive service.
Please prepare a certified copy of this petition
and affidavit, along with any and all required legal
notices, suitable for presenting to the defendant
for waiver of service .
OR
Please serve Defendant at the following address:
OR
Please prepare a certified copy of this petition
and affidavit, along with any and all required legal
notices, suitable for serving the defendant via long arm
service in accordance with Louisiana’s Long Arm Statutes
(Louisiana Revised Statutes 13:3201 and 3204).
PLAINTIFF
NUMBER:
DIV. “
“
THE FAMILY COURT
VERSUS
PARISH OF EAST BATON ROUGE
DEFENDANT
STATE OF LOUISIANA
AFFIDAVIT
BEFORE ME, the undersigned Notary Public, personally came and appeared:
________________________________, Plaintiff,
who did depose and state as follows:
“I, ________________________________, am the plaintiff in this suit for divorce.
All allegations of fact stated in the Petition for Divorce are true and correct to the best of my
knowledge, information and belief.”
Thus read and signed before me in Baton Rouge, Louisiana
on this ______________ day of ______________________, 20____.
________________________________________________
Plaintiff, Affiant
________________________________________________
Notary Public
PLAINTIFF
NUMBER:
DIV. “
“
THE FAMILY COURT
VERSUS
PARISH OF EAST BATON ROUGE
DEFENDANT
STATE OF LOUISIANA
WAIVER OF SERVICE AND CITATION
STATE OF ____________________
PARISH OF _____________________
BEFORE ME, the undersigned Notary Public, on the date written below, and in the
presence of the undersigned competent witnesses, personally came and appeared Defendant,
who is the defendant in the above-captioned suit for divorce, and who, after being duly
sworn, did depose and say:
I have been furnished with a certified copy of the suit, filed on the ________ day of
____________________, 20____, entitled “Plaintiff versus Defendant”, bearing docket
number _____________________, Division _______ on the docket of The Family Court of
the Parish of East Baton Rouge, State of Louisiana.
I do hereby formally and expressly acknowledge and accept service of a certified
copy of said petition and waive formal citation and service of process, all legal delays, notice
of trial and appearances at trial.”
THUS SWORN TO AND SUBSCRIBED in the presence of the undersigned and
competent witnesses, on this _______ day of ________________, 20_____, in
____________________, Louisiana at ________________ o’clock ___.m.
WITNESSES:
_______________________________
Witness
______________________________
___________________________________
Defendant
Print Name of Witness
_______________________________
Witness
_______________________________
Print Name of Witness
_______________________________________________
Notary Public
___________________________________________________________________
Print Name and Credentials of Notary
DOCUMENTS
FOR D E F A U L T J U D G M E N T
PLAINTIFF
NUMBER:
DIV. “
“
THE FAMILY COURT
VERSUS
PARISH OF EAST BATON ROUGE
DEFENDANT
STATE OF LOUISIANA
Motion for Entry of Judgment by Default
(Defendant Served)
On motion of Plaintiff, ________, through undersigned counsel, and upon suggesting
to the Court that the Defendant was personally served with a copy of the petition for divorce
in the above captioned matter, on ___________, as appears from the sheriff’s return filed in
the suit records, and that more than 15 days has elapsed since that service and Defendant has
not filed an answer or other opposition, Plaintiff moves the court to enter a judgment by
default in favor of Plaintiff and against Defemdant, _____, in the minutes of this Honorable
Court, in accordance with Civil Code of Procedure article 1701.
Respectfully submitted by:
Judgment of Preliminary Default
Considering the foregoing motion:
IT IS ORDERED that a judgment by default be entered in the minutes of this court in
favor of the Plaintiff and against the Defendant.
Signed this ________ day of ____________, 20___, in Baton Rouge, Louisiana.
________________________________________________
Judge, the Family Court
PLAINTIFF
NUMBER:
DIV. “
“
THE FAMILY COURT
VERSUS
PARISH OF EAST BATON ROUGE
DEFENDANT
STATE OF LOUISIANA
AFFIDAVIT
Attesting to Truth of Facts Alleged in Petition
STATE OF LOUISIANA
PARISH OF EAST BATON ROUGE
BEFORE ME, the undersigned Notary Public, duly commissioned and qualified in
this State and Parish, personally came and appeared:
_____________________________________________, Plaintiff,
who, after being duly sworn, did attest and testify as to the truth of all of the factual
allegations contained in the petition, specifically as follows:
“I, Plaintiff, am domiciled in East Baton Rouge Parish. The Defendant,
__________________________________, is domiciled in ____________________ Parish.
We are husband and wife, having married on the _________ day of ______________,
________ in _________________________________. Their last matrimonial domicile was
in ____________________________ Parish. We have not contracted a covenant marriage.
No children were born of our marriage, and none was adopted.
We have voluntarily lived separately and apart continuously since _______________,
a period of more than six months before the date the petition was filed.
There has been no reconciliation between us.
I, ____________________________, Plaintiff, now request that a judgment of
divorce be granted.”
________________________________________________
Plaintiff
SWORN TO AND SUBSCRIBED before me, this ______ day of _______, 20___.
__________________________________________________
Notary Public
PLAINTIFF
NUMBER:
DIV. “
“
THE FAMILY COURT
VERSUS
PARISH OF EAST BATON ROUGE
DEFENDANT
STATE OF LOUISIANA
Motion for Confirmation of Judgment
By Default Without a Hearing
On motion of Plaintiff, _____________________________, in proper person, and
upon suggesting to the Court that:
1.
Defendant was personally served with the petition for divorce, based on Civil Code
article 103(1), in the above-captioned matter on ____________________________.
[OR]
Defendant executed a waiver of service of the petition for divorce, based on Civil
Code article 103(1), in the above-captioned matter on ____________, which was filed in the
suit records on _____________.
2.
A judgment of default was entered on ______________________, as appears from
minute entry of this Court.
3.
More than two days, exclusive of holidays, have elapsed since entry of the default
judgment, and Defendant has not filed an answer or other pleading.
4.
Plaintiff has filed an affidavit attesting to and testifying as to the truth of all of the
factual allegations contained in the petition.
[OR]
Plaintiff and Defendant have filed a joint affidavit attesting to and testifying as to the
truth of all of the factual allegations contained in the petition.
5.
An original and not less than one copy of the proposed final [stipulated] judgment
[signed by both parties and the attorneys representing them] is attached to this motion.
WEREFORE, Plaintiff moves this Court to sign the attached judgment of divorce,
without requiring a hearing in open court, in accordance with Code of Civil Procedure article
1701(E).
Respectfully submitted, in proper person,
__________________________________
Plaintiff
PLAINTIFF
NUMBER:
DIV. “
“
THE FAMILY COURT
VERSUS
PARISH OF EAST BATON ROUGE
DEFENDANT
STATE OF LOUISIANA
JUDGMENT OF DIVORCE
The Court after considering the pleadings in this case, including the PLAINTIFF’s
affidavit attesting to the truth of facts, and upon finding that a hearing is not necessary, the
motion for default judgment entered on __________, is hereby confirmed as follows:
IT IS ORDERED, ADJUDGED, AND DECREED that the Plaintiff, ____, is granted
an absolute divorce from the Defendant, ____, forever dissolving the bonds of matrimony
that existed between them.
JUDGMENT RENDERED AND SIGNED on this ____ day of ______, 20_____,
in ______________________________, Louisiana.
_________________________________________________________
Judge, The Family Court

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