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View Full Version : When is divorce final - signed by Judge or filed with Clerk of Court


ahlou3
04-16-2009, 06:54 PM
Can't seem to find an answer so I ask those who are the best minds I find. :smile:
Mother file
Father can't be found
He assigned attorney ad hoc
No child support mentioned
Judge signs Decree
He can't be found to serve
He remarry
He comes to town to celebrate birthday four months later and is served
Clerk of Court files order five days after his birthday

When is he free to remarry in Louisiana?

HELP< PLEASE!!!!!!

mood*ring
04-16-2009, 07:50 PM
Call the Clerk of Court in the Parish where the Petition was filed and they should be able to answer that question.

Your mom's attorney should be able to answer that question too and if there are bigamy issues, then her lawyer can help her with that as well.

mood*ring
04-16-2009, 07:56 PM
Just wanted to add this, if your mother has a certified copy of her JUDGMENT of divorce, it was final on the day the Judge signed it, and recorded on the date that the Clerk posted it on.

If it is some other kind of order and not the JUDGMENT then the divorce is not final. She really should call her lawyer about all of this. If he is remarried and there are still outstanding issues to be resolved like child support and/or community property then she needs to jump on it.

ahlou3
04-16-2009, 08:46 PM
Mood, THANK YOU!!!!!
Both parents now dead. I have the decree signed Nov 53, but it was not filed by Clerk of Court until April 54. OMG, I must be aging myself.

There was nothing in the records about child support and my mother was only given $100.00 one year I know of and that was after saying the IRS had asked.

No signature of father on any document.

I want him to be guilt of bigamy. Stepmom trying to take me to cleaners.

mood*ring
04-16-2009, 09:58 PM
definitely need to see an attorney then. the laws may have been different so long ago. he might have been guilty of bigamy and if inheritance is an issue definitely seek legal counsel.

Cornblossom
04-16-2009, 11:07 PM
You should see a lawyer as laws change throughout the years and are different in each state.

Resty
04-17-2009, 04:50 AM
I divorced in 2003.......separated legally in 2001......the decree wasnt filed til almost a year later......in August of 2004. In Wisconsin there is a 6 month wait to get married again.

Just a lil side note. My ex remarried almost exactly a year after the divorce. All went well til his new wife decided that he(THEY) didnt have to pay me per the judges order. His wife decided that he (they) had already paid me a year more than ordered because she said the divorce wasnt final til AUG '04. HA!!!!!! she changed her mind really fast when I told her if that was true then her marriage to him was illegal.:thumbsup:

......funny....she never mentioned it again :thumbsup: