Serving,Absent,Spouse,with,Div law Serving an Absent Spouse with Divorce Papers in Louisiana
When you work with an attorney, you will have no problem reducing the risks associated with getting your case in front of a judge and jury, or other formal court, when you need to. However, every case is different. It is important to work wi Bankruptcy is a situation, wherein an individual is termed as unable to discharge all the debts. When a person or a company is not able to pay off its creditors, it has an obligation to file a bankruptcy suit. In fact, a bankruptcy suit is a
It is common for a client to call up and request from afamily law attorney a simple divorce, but there are a sizable chunk of thesewhere the other spouse is nowhere to be found. This happens so often that it is in some way normal. The way that this happens is that the partiesinstead of getting a divorce they simply begin to live separate and apart fromeach other. Eventually, though, one ofthem finds there is a reason that they need to legally end the marriage. This could be because they need to do this inorder to get financing for their home. Or it could also be that they need to get medical support from thegovernment.Regardless of the reason, in Louisiana it is not possible toget a divorce unless you serve at least someone with the legal paperwork. If you do not know the whereabouts of yourspouse, you may request of the court that it appoint an attorney to representthe absent person which will allow you to serve this lawyer as opposed todirectly serving the other spouse. Thislawyer is formally called a curator, and they have several duties to the courtand to the absent person that they represent.The usual procedure of the curatorattorney who is representing a spouse in a divorce proceeding is that they willanswer the petition, usually denying all the allegations in the petition due tolack of information to justify a belief therein. The curator lawyer then will attempt to lookfor the missing person by sending a certified copy of the petition byregistered mail to the last known whereabouts of the person that they arerepresenting.If the letter is not claimed, thenthe lawyer will place an ad in the local newspaper of the last known addressrequesting anyone knowing the whereabouts of the missing person to contact theattorney that has been represented. Ifthere is no response to this, then the lawyer will let the persons counselknow so that they can file a motion to set the matter for trial. At trial, the parties need to memorializewhat was done to find the missing spouse.If the spouse is found at any pointduring the proceedings, the curators job is simply to serve them with thedivorce papers. After service, the normal timelines apply for responding to alawsuit. If a response is not donewithin the proper amount of time, then a default judgment can be obtained. If they do respond in time, then either partycan file a motion for trial in order that the parties can be heard.One last point is that the curatorattorneys fees are typically set by the court. And they range from $350.00 to $450.00 in Orleans and Jeffersonparishes. This does not include thecosts for placing the ad which is usually $100.00. To save on some of these fees, it cansometimes be prudent to request that a law school clinic be appointed as thecurators.Will Beaumont is a lawyer inMetairie & New Orleans. This article is informational, not legal advice.
Serving,Absent,Spouse,with,Div