What to do if I have to file for a divorce and had my husband served but he answered during the 15 day grace period that he doesn’t want one?

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What to do if I have to file for a divorce and had my husband served but he answered during the 15 day grace period that he doesn’t want one?

My husband is in jail. The clerk office will not proceed with the case and say I need to take more steps. What do I need to do next?

Asked on November 8, 2012 under Family Law, Louisiana

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Given the fact pattern where your spouse has answered your petition for a marital dissolution but due to your husband being in jail there seems to be a "stay" as to proceeding with the dissolution, you should consult with a family law attorney to see what can be done to move the matter along and get a trial date.

Possibly a petition with the court to get a trial date or request a trial date at the next case management conference would be the course of action for you.


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