APPENDIX 28.1B: LA. C.C.P. ART. 1702(E) DIVORCE CHECKLIST
LOUISIANA CIVIL CODE ARTICLE 103(1) OR ARTICLE 103(5) DIVORCE
Certification for Default Confirmation under Louisiana Code of Civil Procedure Article 1702(E)
Note: Must be completed by Petitioner or his/her attorney and submitted/filed with the Judgment of Divorce.
______________________________ DOCKET NUMBER: ________________________
Petitioner
versus
______________________________ PARISH OF _______________________________
Defendant
A. Dates
1. Petition for Divorce: ______________ Date Petition Filed
2. Parties physically separated: ______________ Date of Separation
3. Service of the Petition:
a. If Sheriff’s return is in the record, indicate date and type of service:
Personal/Domiciliary (Circle one) ______________ Date of Service
If Domiciliary, then name of person served __________________ and the relationship?:_______________
OR OR
b. If a Waiver of Service is filed into the record, provide date of
execution and filing : ______________ Date Waiver Executed
______________ Date Waiver Filed
4. Preliminary default entered: ______________ Date PD Entered
By Oral/Written Motion (Circle one)
5. Have two days, exclusive of holidays, elapsed since the entry of preliminary
default, with no answer or other opposition having been filed?
Yes
B. Pleadings
1. Is the Petition for Divorce in the record?
Yes
2. Are proper jurisdiction and venue expressly alleged in the Petition?
Yes
3. Does the petitioner’s Affidavit submitted or filed with the Judgment specifically attest
to the facts sufficient to obtain a divorce or will testimony be offered in lieu thereof?
Yes
4. If the defendant has made an appearance in the case, was notice of the preliminary
default sent to defendant by certified mail pursuant to La. C.C.P. Art. 1702(A)
or is there a filed waiver of the notice by the defendant?
Yes; or
Yes (Waiver)
5. Are the original and at least one copy of the proposed final Judgment attached?
Yes
C. Grounds for Divorce (La. C.C. Art. 103/
C.C.P. Art. 1702(E))
1. The parties have minor children, and have been living separate and apart 365 days or more
without reconciliation.
Yes
OR
2. The parties have no minor children and have been living separate and apart
180 days or more without reconciliation.
Yes
OR
3. On __/__/20__, after a contradictory hearing, or consent decree, a protective order or an
injunction was issued during the marriage in accordance with law, against the defendant
in order to protect the petitioner who seeks the divorce or a child of one of the spouses from abuse.
Yes
PETITIONER’S/ATTORNEY’S CERTIFICATION
I hereby certify that I have examined the record or conformed copies of all pleadings in the above-captioned case, and the
information provided herein is true and correct based upon my personal knowledge, information, and belief.
______________________ _________________________________________ ___________________
Date of Record Examination Signed by Petitioner/Attorney for Petitioner Attorney’s Bar Number
______________________ _________________________________________ ___________________
Date of Certification Address Telephone Number
Two days, exclusive of holidays, have elapsed since the preliminary default was entered and no answer or opposition has been filed.
_________________________ _________________________________
Date Signature of Minute Clerk
HEARING OFFICER RECOMMENDATION
Considering the record in this case, the submission of the petitioner/mover’s counsel, it being the finding of the hearing officer that
all legal requirements for granting a divorce under Louisiana Civil Code Article 103(1) or Article 103(5) have been met, IT IS HEREBY
RECOMMENDED that the attached Judgment of Divorce be made the Order of this Court, no objection having been made by either
party.
_________________, Louisiana, this ____ day of ___________________, 20____.
__________________________________
Hearing Officer
