Q: Can a 102 divorce judgement/decree be issued prior to settling community property & custody in Lafayette Parish?
Divorce was filed 09/2016 and I was served 10/20/2016. I am pro se now and her attorney is not willing to communicate with me effectively. We have a custody hearing in December, but I would like to have the divorce finalized. I want to file the required documents to have it sent for Rule, but we do not have a Community Property settlement agreed upon. She wants me to claim 100% of the debt and her take 100% of the assets because I am the one who left her. I will not agree to this. There is also an issue because we had a large amount in a savings account that was opened in her name about 6 months after we were married. It no longer exists and I will not agree to a settlement agreement without things being split fairly. From what I understand, they are all separate proceedings. Can the divorce be finalized before the Community Property and Custody are settled?
A: You do not have to wait for the settlement of any other issues. Based on what you have said, you can file the rule to show cause why a divorce should not be granted at any time. Any party can file this rule; you do not have to be the petitioner.
A: Yes, her lawyer is just being difficult to try and manipulate you since you don't have an attorney. I strongly suggest you hire an attorney to protect your rights and to make sure you're not taken advantage of, especially considering this lawyer's antics. Give me a call and I'll be happy to discuss the matter further.
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