Q: Filed Divorce: 5/2018 (pursuant to LA Civil Code Article 102. Default Judgment denied: 4/2019
The motion was denied even though the parties were separated even before filing for the divorce. The court's reason was "a 102 divorce cannot be taken by default".
What should my next step be in order to get this divorce finalized?
A: Your next step should be to hire a divorce lawyer so that you don't keep spinning your wheels.
A:
Yes, I agree with Ellen. In Louisiana you are entitled to a no-fault based divorce under Art 102 or 103 and can get default judgments under either article. More than likely you left out a step required to finalize the divorce.
My experience has been that judges are a little more finicky with 102's over 103's for whatever reason even if everything is uncontested.
Assuming no reconciliation, you would be entitled to a 103 divorce right now. You should talk to an experienced family law attorney though to ensure this is done properly.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
