Arlington, TX asked in Divorce for Louisiana

Q: What gets filed after the petition in an article 102 divorce?

My ex filed the petition for an article102 divorce back in June of 2020 but refuses to move forward with it, we have been apart for over a year now, what can I file to move this along?

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1 Lawyer Answer

A: If you have living separate and apart, without reconciliation, for the statutory length of time (180 days if no children under the age of 18, or 365 days if children under age of 18), then you can get divorced in Louisiana. If you are living outside the state of Louisiana, then your separation period may be different if the suit is filed outside of Louisiana. That said, based on your post, you may or may not currently be eligible for divorce----you should consult a family law attorney in your area to discuss this further----this is especially the case if you have other incidental matters (support --spousal or child, custody, visitation, community property) which you want determined.

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