INSTRUCTIONS

I N S T R U C T I O N S

T H E F A M I L Y C O U R T

22

ND

J UDICIAL DISTRICT

P

E T I T I O N F O R

D

I V O R C E

U

N D E R

A

R T I C L E

1 0 3

( N O M

I N O R

C

H I L D R E N

)

This form is intended for married individuals who are seeking a divorce who:

 Have no minor children born during the course of their marriage;

 Have been separated for a period of at least one hundred eighty (180) days before the Petition is filed; and

 Your or your spouse resides in this Parish.

Before using this form, litigants should complete an intake form with a SHRC Volunteer to determine if they are eligible to file this divorce.

Notes:

1.

Be sure you using the correct form.

2.

Fill in the blanks with 100% accurate information- any false statement made under oath contained in the pleadings may constitute perjury and subject you to being held in contempt of court.

3.

Check all options that pertain to your situation.

4.

If you have trouble reading, writing, or understanding what are in these pleadings, ask a Self-Help Resource Center Volunteer for help.

5.

Once you have filled out your form(s), ask a Self-Help Resource Center Volunteer to look through it with you to ensure it is correct and complete.

What you will need:

1. The exact date of your marriage AND physical separation.

2.

The service of a Notary Public.

3.

The address of your spouse in order to have the Petition served by the Sheriff’s

Office.

4.

The necessary court costs (cash or money order) OR an in forma pauperis application.

NOTE:



Costs must be paid by one or both parties, even if one party qualifies to file in forma pauperis status.

22nd JDC of Louisiana Page 1

INSTRUCTION SHEET FOR FILING PETITION FOR 103 DIVORCE

(

NO

MINOR CHILDREN OF THE MARRIAGE)

IF YOU DO NOT MEET ALL OF THE FOLLOWING CONDITIONS,

YOU CAN NOT USE THESE FORMS.

 You must live separate and apart from your spouse for at 180 days before filing the Petition for Divorce.

 You or your spouse must have lived in this Parish, Louisiana and/or lived in

Louisiana together when you decided to divorce.

 You must not

have entered into a covenant marriage.

You will be filing your divorce in proper person, which means without any attorney representing you.

As the person suing for divorce you will be called the Petitioner and your spouse will be called the

Defendant. The forms you need to file to obtain a divorce are attached.

HOW TO COMPLETE THE FORMS (Note: the forms are numbered at the bottom of each page.)

PLEASE PRINT ALL INFORMATION CLEARLY! Make sure that all of the blanks are filled in on all pages.

A . The first form is titled “ PETITION FOR DIVORCE” . The Petition for Divorce, includes an area titled

“ VERIFICATION” . You must sign this Verification in front of a Notary .

B. Take all of the pages marked with the number “1” at the bottom to the Clerk of Court’s Office located in the parish where you live. You should bring your original Petition for Divorce and

Verification , and also bring two photocopies of the Petition for Divorce and Verification. Go to the Civil Department and tell the clerk that you do not have a lawyer, and that you want to file your divorce. Ask the clerk to stamp the date on the copy of the petition you brought to keep for yourself.

C. In order to proceed, your spouse needs to be given a copy of the petition. You can deliver it yourself if your spouse signs the Acceptance of Service OR you can have the Sheriff deliver (or

“serve”) your spouse. If your spouse cannot or will not sign the Acceptance of Service document, you will need to ask the sheriff to serve him/her.

If you are going to have the Sheriff serve your spouse, let the Clerk’s office know that you need for your spouse to be personally served by a Sheriff’s deputy. You need to give the clerk an address (home or work) where the Sheriff can find your spouse to deliver the divorce papers.

If the address is hard to find, give the clerk directions. You will need to check back with the

Clerk’s office to see if your spouse has been served. You will have to pay for the Sheriff to serve your spouse and the amount varies. The Clerk will tell you how much it will cost.

D.

If your spouse has been served by the sheriff, he/she is allowed fifteen (15) days from the date he/she was served to answer the Petition for Divorce. After 15 days you will need to check with the Clerk’s office to make sure your spouse has not filed an answer or other pleading. If your spouse has filed an answer or other pleading in opposition to the divorce, these forms are no longer applicable and you will need to come to Court.

If your spouse has NOT filed anything in response to the Petition for Divorce you filed, OR if your spouse has signed the Acceptance of Service, take the form titled MOTION FOR PRELIMINARY

DEFAULT to the Clerk’s office. Be sure to bring two (2) copies of the Motion for Preliminary

Default, along with the original. Ask the Clerk to give you a copy stamped with the date for you to keep, and to file the original. Ask to have the other copy of the Motion for Preliminary

Default, which is marked with the date that the Judge signed it, sent to you.

E. You will receive a copy of the Preliminary Default in the mail. It should show the date the

Preliminary Default was signed by the Judge. Now complete the form titled AFFIDAVIT OF


CORRECTNESS . You must sign this form in the presence of a Notary Public. Bring the Affidavit of Correctness and the JUDGMENT OF DIVORCE to the Clerk’s office. Ask the Clerk to have a

Judge sign them. Once the Judge has signed your JUDGMENT OF DIVORCE, the Clerk’s office will send you a certified copy of it. You are divorced as of the date of the Judge’s signature at the bottom of the Judgment of Divorce. Keep this certified copy for your records.


__________________________________ NO: __________________

( PETITIONER )

DIV. ______

VERSUS

22 ND JUDICIAL DISTRICT COURT

PARISH OF ____________________________

__________________________________ STATE OF LOUISIANA

( DEFENDANT )

Filed: ____________________________ ____________________________________

Deputy Clerk

SELF-REPRESENTED LITIGANT

PETITION FOR 103.1 DIVORCE - NO MINOR CHILDREN

The petition of _____________________________________, a person of the full age of

[Petitioner’s Name] majority and domiciled in the Parish/County of ________________, State of ________________ and with respect represents:

1.

Made Defendant herein is _____________________________________, a person of the

[Defendant’s Name] full age of majority and domiciled in the Parish/County of _______________________, State of

_________________________.

2.

The parties were married on

(Date of Marriage)

, in the Parish (or County) of

_______________, State of _______________. The parties’ last resided together as husband and wife in the Parish (or County) of _______________, State of ______ ____ ____ .

3.

Petitioner and Defendant began living separate and apart on , and

[Date of Physical Separation] have continued to live separate and apart since that time. The parties have not reconciled.

4.

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

5.

Petitioner and Defendant did not contract a covenant marriage.

6.

There are NO minor children of the marriage. The wife is not currently pregnant or the husband does not know she is pregnant.

7.


Petitioner seeks a divorce under the provisions of Civil Code Article 103.1(2), based on the parties having lived separate and apart for more than one hundred eighty (180) days without reconciliation before the filing date of this Petition for Divorce.

8.

( Please select ALL that apply)

Petitioner and Defendant have not acquired community property during the marriage. or

Petitioner and Defendant have acquired community property during the marriage.

Petitioner is entitled to a partition of the community property, by order of this court, existing between the parties and Petitioner does hereby reserve Petitioner’s right to a partition of the community property.

Petitioner and defendant own property that is part of the community of acquets and gains. Irreparable injury, loss or damage may otherwise result to petitioner since defendant will dispose of, encumber, or conceal such items of community property and it is thus necessary that a temporary restraining order issue, without bond and without prior notice, and in due course a preliminary and permanent injunction issue after hearing, enjoining the defendant from alienating, encumbering, donating, wasting, concealing, or destroying, any items of community property belonging to and in the name of

________________________ or _____________________.

9.

Petitioner is poor and does not have the ability to pre-pay the court costs or to pay the costs as they accrue, and requests that Petitioner be allowed to file in forma pauperis under the Code of Civil Procedure Articles 5185-5188. Uniform IFP form provided by the Clerk of Court must be included with the Petition.

Petitioner is able to pay and will pay the court costs.

Petitioner requests that the Defendant be cast with all costs for said reasons:

Petitioner requests that Defendant share equally in the court costs.


PRAYER

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 and 103.1, and for all general and equitable relief.

WHEREFORE , Petitioner prays that [check ALL that apply] :

Petitioner/Defendant keep the maiden name of ________________________.

Petitioner does hereby reserve Petitioner’s right to a partition of the community property.

That a temporary restraining order issue, immediately and without bond, enjoining the defendant from alienating, encumbering, donating, wasting, concealing, or destroying, any items of community property belonging to and in the name of __________________ and __________________.

That a rule to show cause issue ordering the defendant to appear, at a time set by this court, and show cause why the preliminary injunction and permanent injunction in the same form as the temporary restraining order requested herein should not be granted.

PETITIONER FURTHER PRAYS that [please select one of the following] :

Petitioner be allowed to file and proceed with this divorce in forma pauperis.

Petitioner will pay all costs of these proceedings.

Defendant be cast with all costs of these proceedings.

Petitioner and Defendant equally share the costs of these proceedings.

By signing below, I do hereby certify that all of the foregoing is true and correct to the best of my knowledge and understand that any false statements may constitute perjury and may subject me to being held in contempt of court.

__________________

Initials of Petitioner

Respectfully submitted,

_______________________________________

( SIGNATURE )

_______________________________________

( PRINTED FULL NAME )

_______________________________________

( STREET ADDRESS )

_______________________________________

( CITY / STATE / ZIP CODE )

_______________________________________

( TELEPHONE NUMBER )


______ DEFENDANT TO ACCEPT SERVICE

OR

______ PLEASE SERVE:

_______________________________________

( SIGNATURE )

_______________________________________


_______________________________________

( STREET ADDRESS )

_______________________________________



__________________________________ NO: __________________

( PETITIONER )

DIV. ______

VERSUS


PARISH OF ____________________________


( DEFENDANT )

Filed: ____________________________

ORDER

____________________________________

Deputy Clerk

Considering the foregoing:

IT IS HEREBY ORDERED THAT Defendant, ________________________________,

[Defendant’s Name] show cause why [Check ALL that apply] :

Petitioner/Defendant [circle one] keep the maiden name of _______________________.

Petitioner does hereby reserve Petitioner’s right to a partition of the community property.

That a temporary restraining order issue, immediately and without bond, enjoining the defendant from alienating, encumbering, donating, wasting, concealing, or destroying, any items of community property belonging to and in the name of __________________ and __________________.

That a rule to show cause issue ordering the defendant to appear, at a time set by this court, and show cause why the preliminary injunction and permanent injunction in the same form as the temporary restraining order requested herein should not be granted.

IT IS HEREBY FURTHER ORDERED that [please select ONE of the following] :

Petitioner be allowed to file and proceed with this divorce in forma pauperis.

Petitioner will pay all costs of these proceedings.

Defendant be cast with all costs of these proceedings.

Petitioner and Defendant equally share the costs of these proceedings.

Covington/Franklinton, Louisiana, this _____ day of ______________________________,

20____.

________________________________

JUDGE


__________________________________ NO: __________________

( PETITIONER )

DIV. ______

VERSUS


PARISH OF ____________________________


( DEFENDANT )

Filed: ____________________________ ____________________________________

Deputy Clerk


VERIFICATION

STATE OF __________________

[State where signed and notarized]

PARISH/COUNTY OF _________________

[Parish or County where signed and notarized]

BEFORE ME, Notary Public, personally came and appeared: _______________________, who, after being first duly sworn, deposed that he/she is the Petitioner in the above and foregoing numbered and entitled cause, that all of the allegations of fact made in the Petition are true and correct, except those allegations made on information and belief; and that as to these, affiant believes them to be true. Affiant specifically acknowledges that any false statements made in the above and foregoing pleading may constitute perjury and may held in contempt of court.

SWORN TO AND SUBSCRIBED before me,

____ __________________________

[Signature of Petitioner]

Notary Public, on this day of , 20__ .

______________________________________

NOTARY PUBLIC

Printed Name: _________________________

My Commission Expires: ________________

NP/Bar No.: ___________________________


__________________________________ NO: __________________

( PETITIONER )

DIV. ______

VERSUS


PARISH OF ____________________________


( DEFENDANT )

Filed: ____________________________ ____________________________________

Deputy Clerk

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


_______________________________________

( SIGNATURE )

_______________________________________


_______________________________________

( STREET ADDRESS )

_______________________________________


_______________________________________



__________________________________ NO: __________________

( PETITIONER )

DIV. ______

VERSUS


PARISH OF ___________________________


( DEFENDANT )

Filed: ____________________________ ____________________________________

Deputy Clerk

ORDER

Considering the above and foregoing Motion and Order to Set for Trial:

IT IS ORDERED that a this matter is set for trial for divorce at _______ o’clock ___.m. on the ____ day of _____________________, 20___.

Covington/Franklinton, Louisiana, this _____ day of ___________________, 20____.

____________________________________

JUDGE

_________ DEFENDANT TO ACCEPT SERVICE

OR

_________ PLEASE SERVE DEFENDANT:

_______________________________________

( SIGNATURE )

_______________________________________


_______________________________________

( STREET ADDRESS )

_______________________________________



__________________________________ NO: __________________

( PETITIONER )

DIV. ______

VERSUS


PARISH OF ____________________________


( DEFENDANT )

Filed: ____________________________ ____________________________________

Deputy Clerk

ACCEPTANCE OF SERVICE AND WAIVER OF CITATION AND ALL DELAYS

STATE OF ___________________


PARISH/COUNTY OF _____________

[Parish or County where signed and notarized]

BEFORE ME, the undersigned notary public, personally came and appeared: _________

______________________________, who, after being duly sworn, did state that he/she is the

Defendant in the captioned proceeding and acknowledges receipt of a certified copy of the abovecaptioned “SELF-REPRESENTED LITIGANT PETITION FOR 103.1 DIVORCE – NO MINOR

CHILDREN.”

Defendant expressly and formally acknowledges and accepts service of a certified copy of the petition and waives the issuance of formal citation and service of process.

Defendant further waives all legal delays allowed by law, particularly those delays allowed for answering and/or excepting to the pleadings provided in Louisiana Code of Civil

Procedure Articles 928, 1001, and 1002.

Defendant further waives notice of trial and expressly waives appearance at trial of this matter.

Defendant acknowledges that by signing below Petitioner will be allowed to go forward with this lawsuit in Defendant’s absence, and Defendant understands that Petitioner intends to do so.


Defendant acknowledges that Defendant may be cast with some or all of the court costs in this proceeding.

____________________________________

(Signature of Defendant)

Printed Name: _______________________________


Notary Public, on this day of , 20 __ .

__________________________________

NOTARY PUBLIC

Printed Name: ______________________

My Commission Expires: _____________

NP/Bar No.: ________________________


__________________________________ NO: __________________

( PETITIONER )

DIV. ______

VERSUS


PARISH OF ____________________________


( DEFENDANT )

Filed: ____________________________ ____________________________________

Deputy Clerk


MOTION FOR PRELIMINARY DEFAULT

ON MOTION of Petitioner and on suggesting to this Honorable Court as follows:

Petition for Divorce was filed in this matter on the day of ,

20__.

Defendant accepted service and waived citation and all legal delays, as evidenced by the

Acceptance of Service filed herein, which was executed by the defendant on the __________ day of ____ , 20 __ ; OR

Defendant was served with the Divorce Petition by the Sheriff on the _______ day of

__________, 20__. Service on the defendant was domiciliary/personal (circle one) .

No Answer or other responsive pleading has been filed by Defendant and Mover desires the court to order the entry of a Preliminary Default against said Defendant on the minutes of the

Court, under Code of Civil Procedure Article 1701.


_______________________________________

( SIGNATURE )

_______________________________________


_______________________________________

( STREET ADDRESS )

_______________________________________


_______________________________________



__________________________________ NO: __________________

( PETITIONER )

DIV. ______

VERSUS


PARISH OF ____________________________


( DEFENDANT )

Filed: ____________________________ ____________________________________

Deputy Clerk

AFFIDAVIT OF CORRECTNESS IN LIEU OF TESTIMONY

STATE OF ____________________


PARISH/COUNTY OF ___________________

[Parish or County where signed and notarized]

BEFORE ME, the undersigned Notary Public, personally came and appeared:

_______________________________________, who, after being duly sworn, did state that he/she is the Petitioner in the above matter, is over the age of majority, and was domiciled in the

Parish (or County) of ________________, State of _______________ on the date of the filing of the Petition for Divorce.

The Defendant is over the age of majority, and was domiciled in the Parish (or County) of _______________, State of ________________ on the date of the filing of the Petition for

Divorce.

The parties last lived together as husband and wife in the Parish (or County) of

_______________, State of _______________. Petitioner and Defendant were married on

, in the Parish (or County) of _______________, State of _____________.

Petitioner and Defendant began living separate and apart on _______________________, and have continued to live separate and apart since that time without reconciliation, a period in excess of one hundred eighty (180) days prior to the date the Petition was filed.

Neither party is an active member of the military.

Defendant has signed an affidavit of Acceptance of Service and Waiver of Citation and all Delays, which has been filed with this Court. OR Defendant was served with the Divorce

Petition by the Sheriff on the ____ day of ___________, 20__.

The marriage between the parties is not a covenant marriage.


Petitioner desires to be divorced.

Petitioner does/does not

(circle one)

desires to resume using her maiden name of

______________________________________________________________.

Petitioner further attests that the facts alleged in the Petition for Divorce are true and correct to the best of Petitioner’s knowledge, information, and belief.

____________________________________

(Signature)

Printed Name: _______________________________


Notary Public, on this day of , 20 __ .

__________________________________

NOTARY PUBLIC

Printed Name: ______________________

My Commission Expires: _____________

NP/Bar No.: ________________________


__________________________________ NO: __________________

( PETITIONER )

DIV. ______

VERSUS


PARISH OF ____________________________


( DEFENDANT )

Filed: ____________________________ ____________________________________

Deputy Clerk


JUDGMENT OF 103 DIVORCE - WITH MINOR CHILDREN

This matter came for hearing on the ______ day of _______________________, 20___.

_____ Present in Court were: _____________________________________________; and

(Name of party present in court)

_____________________________________________.

(Name of party present in court)

OR

_____ The hearing having been waived by the Court after review of the record.

The Court, having considered the entire record of this matter, the Petitioner’s Affidavit and the certification of the Petitioner and the Clerk of Court, and acknowledging that there are no minor children of the marriage according to the record, and finding the law and evidence in favor thereof:

IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Petitioner,

_______________________________________, is hereby granted an absolute divorce a vinculo matrimonii forever dissolving the bonds of matrimony that existed between Petitioner and

Defendant.

IT IS FURTHER HEREBY ORDERED, ADJUDGED AND DECREED that

Petitioner/Defendant (circle one) be allowed to return to her maiden name of _________________

________________________.

IT IS FURTHER ORDERED ADJUDGED AND DECREED that (select one) :

Petitioner will pay the full cost of the proceedings;

Defendant is cast with all costs of these proceedings

[check only if requested in initial pleading]

;

Petitioner and Defendant will split costs of these proceedings;

JUDGMENT READ AND SIGNED in Covington/Franklinton, Louisiana, on the _____


day of ______________________, 20____.

____________________________________

JUDGE


_______________________________________

( SIGNATURE )

_______________________________________


_______________________________________

( STREET ADDRESS )

_______________________________________


_______________________________________



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