If the ex and I have been living apart for almost 11 months but was unable to file the petition until until 4 months ago, can I still file a show cause?

Get Legal Help Today

 Secured with SHA-256 Encryption

If the ex and I have been living apart for almost 11 months but was unable to file the petition until until 4 months ago, can I still file a show cause?

I am in the military, stationed in South Korea. The ex and I decided to divorce but I was unable to file the petition until I went home on leave. The 365 day will pass in about 2 months. It just so happens that I will be home during this time for 1 month. Can I file the “Rule To Show Cause” at this time and hope to get a court date before I move on to Alaska or will I have to wait until the 1 year anniversary of when I filed the petition? The ex and I have already acceptanced service, waiver and consent, and martial settlement agreement.

Asked on October 31, 2011 under Family Law, Louisiana

Answers:

Betsy Fischer / Betsy A. Fischer LLC

Answered 9 years ago | Contributor

Your original petition was filed under article 102, which means that you and your spouse intend to live apart for one year (if you have children).  At the end of one year from the waiver of service, the Rule to Show Cause can be filed.  However, if you did not want to wait that additional time, the Petition for Divorce can be amended once you and your spouse have lived separate for one year.  At the one year mark, you can amend your pleading to state that you have already lived apart.  The divorce can be obtained by affidavit and neither party will need to appear. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption