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  1. #1

    Default How to File for Divorce in Pro Se in Louisiana

    My question involves a marriage in the state of: Lousiana
    Specifically, Orleans Parish.

    Spouse and I have been living separately and apart for > 180 days. No children. The divorce is uncontested and we both consider it to be no-fault. There are no division of assets or property.

    The DIY forms we've found for pro-se filing include language assume that the petitioner is filing in forma pauperis. We have no reason to ask for a reduction in filing fees, so filing in forma pauperis would not apply.

    This is the specific language in the pro-se petition for 103(1) divorce:


    IX.
    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.
    WHEREFORE, Petitioner prays that:
    After all legal delays and due proceedings, Petitioner be granted a divorce;
    Defendant be cast with all costs of these proceedings;
    For all general and equitable relief;

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

    Respectfully submitted,

    BY: ___________________________________________
    (signature)

    If we simply remove that section, how should the petition end? Or does pro se require in forma pauperis status?

  2. #2
    Join Date
    Mar 2013
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    17,626

    Default Re: Diy Uncontested No-Fault Divorce in Orleans Parish Pro-Se but Not in Forma Pauper

    Try using the following forms packet instead. You'll see that the end of the petition is more easily understood.

    http://www.desotoparishclerk.org/wp-..._-Children.pdf

    Or, rewrite the end of your petition to say:

    WHEREFORE, petitioner prays that after all legal delays and due proceedings,
    there be judgment granting petitioner a divorce in accordance with the provisions of
    Louisiana Civil Code Article 103.
    PETITIONER FURTHER PRAYS that:
    __ Petitioner be allowed to proceed In Forma Pauperis
    __Petitioner be cast with the costs of these proceedings.
    __Defendant be cast with the costs of these proceedings.
    __The parties share the costs of these proceedings in equal amounts.

    And just omit the choices that don't apply.

    Like if you are sharing the costs it might look like this:

    WHEREFORE, petitioner prays that after all legal delays and due proceedings,
    there be judgment granting petitioner a divorce in accordance with the provisions of
    Louisiana Civil Code Article 103.
    PETITIONER FURTHER PRAYS that the parties share the costs of these proceedings in equal amounts.

    Or, if you are the petitioner and are paying the costs:

    WHEREFORE, petitioner prays that after all legal delays and due proceedings,
    there be judgment granting petitioner a divorce in accordance with the provisions of
    Louisiana Civil Code Article 103.
    PETITIONER FURTHER PRAYS that petitioner be cast with the costs of these proceedings.

    You get the idea.

  3. #3

    Default Re: Diy Uncontested No-Fault Divorce in Orleans Parish Pro-Se but Not in Forma Pauper

    Thanks a lot, adjuster, this is exactly what I was looking for. This is how I've modified the final page of the petition. One more question - given that there is no property, assets, or debts to be divided, should we include any language to that effect? Or, by default, will the lack of any language imply that there's nothing to be done...


  4. #4
    Join Date
    Mar 2013
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    17,626

    Default Re: Diy Uncontested No-Fault Divorce in Orleans Parish Pro-Se but Not in Forma Pauper

    Quote Quoting darwinrules
    View Post
    One more question - given that there is no property, assets, or debts to be divided, should we include any language to that effect? Or, by default, will the lack of any language imply that there's nothing to be done...
    Everybody has property, assets, debts.

    You have your clothing, vehicles, household goods, bank accounts, credit cards, car loans, etc.

    How have you resolved all that to make sure that neither of you makes claim against the other at some future date or that creditors don't come after one of you for the other debts on a joint loan or joint credit card?

  5. #5

    Default Re: Diy Uncontested No-Fault Divorce in Orleans Parish Pro-Se but Not in Forma Pauper

    We've incurred zero debt over the course of the marriage. We have never had a credit card, nor have we secured any loans of any sort.
    We are both still driving the cars we drove prior to getting married.
    We don't own any real property - I have a lease on my apartment, she has a lease on hers.
    We have not acquired any valuable assets over the course of the marriage.
    We've already split up the household goods amicably.

    From our perspective, there's nothing left to be done with property division, assets, debts, etc. We are both happy with how we've divided things, and we just want to make sure we represent that clearly in the pro se filings....

    Thanks again!

    - - - Updated - - -

    Adjuster,

    Maybe a better way to ask this question is to reference the following document:



    We are trying to understand if that's the right language to indicate that we've already split everything and there's nothing left to divide... it reads to us like it means that we haven't divided anything up.

    Or is this just something that you have to file no matter what?

  6. #6
    Join Date
    Mar 2013
    Posts
    17,626

    Default Re: Diy Uncontested No-Fault Divorce in Orleans Parish Pro-Se but Not in Forma Pauper

    Quote Quoting darwinrules
    View Post
    We've incurred zero debt over the course of the marriage. We have never had a credit card, nor have we secured any loans of any sort.
    We are both still driving the cars we drove prior to getting married.
    We don't own any real property - I have a lease on my apartment, she has a lease on hers.
    We have not acquired any valuable assets over the course of the marriage.
    We've already split up the household goods amicably.

    From our perspective, there's nothing left to be done with property division, assets, debts, etc. We are both happy with how we've divided things, and we just want to make sure we represent that clearly in the pro se filings....

    Maybe a better way to ask this question is to reference the following document:



    We are trying to understand if that's the right language to indicate that we've already split everything and there's nothing left to divide... it reads to us like it means that we haven't divided anything up.

    Or is this just something that you have to file no matter what?
    I don't think that form is appropriate as it appears to reserve right to claim community property after the divorce.

    I found the following format online:

    http://www.wikiform.org/legal-forms/...ment-form.html

    You will need to simplify the wording considerably and put it in the same format as your parish forms that you are using.

    Or, you can just leave out any mention of property, assets, and debts, and trust that nothing will come of it.

    That has to be up to you but given that all of it has already been handled, it's probably safe to omit it.

    Keep in mind that I am not a lawyer and I don't give legal advice, I just make helpful comments.

  7. #7

    Default Re: Diy Uncontested No-Fault Divorce in Orleans Parish Pro-Se but Not in Forma Pauper

    Thanks, Adjuster. (And understood re: legal advice :-) )

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