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  1. #1
    Join Date
    Jan 2011
    Posts
    1

    Default Divorce After 12 Years of Separation

    My question involves a marriage in the state of:Louisiana

    In 1995 I was married in East Baton Rouge Parish. My husband and I soon separated in 1997. In 1998 I was a resident of Livingston Parish and filed for divorce in East Baton Rouge. My husband had been served the papers before the court date, but when I got to court in Livingston Parish, the judge said they did not show him as being served, so we could not proceed any further. After returning home from court, I called my husband and informed him of the proceedings. He said that he had been served the papers 2 days prior. I told him to sign them and send them in. Well in 2005 I joined the Army and come to find out my husband had never signed/returned the divorce papers. We are still legally married to this day.

    My question is, since we have been separated for 12+ years now, and I have had NO contact with him since 1998, do I have to re-file for divorce if I don't know where he resides? Or would I be granted an automatic divorce by the courts? If so, do I need to go back to East Baton Rouge to take care of this, or Livingston Parish where I have resided for the last 3 years?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    75,912

    Default Re: Divorce After 12 Years of Separation

    You should expect to have to file a new case.

    Even if the old file reflects service, which is a big "if", after 12 years I am skeptical that the court will entertain a motion to reopen the long-closed file.

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