Cost for Final Decree

You are here: Louisiana Law Forums Louisiana Family Law Cost for Final Decree

Viewing 15 reply threads
  • Author
    Posts
    • #1906
      summer59
      Participant

      Hello!  Tis me again!  I gracefully accepted (via USPS) and singed before a notary, a waiver of service (for a no-fault divorce) on July 22, 2014.  We actually split on June 21, 2014.  Hubby goofed and said June 26...but that's ok.  So now it's been 7 months and still no petition has been filed for the final decree. Estranged hubby and I don't have one red cent of community property, no one asking for money or anything else.  So....I'm wondering IF I should file and if I do, any idea what this would cost?  The way I understand it is that it's just a matter of verifying no reconciliation has occurred and then it's a done deal.  I want this thing over with as I have changes to make - such as getting rid of this name!!!Anyone have an idea as to ball-park figure this would cost?Kindest regards,Sum

    • #2174
      Lex
      Participant

      A petition has to be filed confirming that no reconciliation has taken place and there generally has to be a hearing. In many jurisdictions this can be handled by the lawyer alone appearing.So, no matter what you do, unless you represent yourself, you would be looking at $200 to $600 for court costs, and $1,000-$2,000 in attorney fees. The court costs, obviously, would be the same whether you represent yourself or get a lawyer. This is very ballpark.

    • #2175
      summer59
      Participant

      Thanks Lex.  This sounds great to me!  I didn't know I could represent myself.  Well, I did know but figured it would be complicated.  OK, now  I'm very interested in doing it myself.  Where oh where do I begin?  Would you point me in the right direction...and what's the first step?  Do I file at the court house?  Duh...where else!  I'm sure once I know where to begin, I can handle it and if I stumble, I'll be on here screaming for help!Any suggestions would be greatly appreciated.  An attorney's fee would really cut into my budget.  Court cost I can handle. Thanks Lex, you're grrrreat!Sum

    • #2176
      Lex
      Participant

      Each court is different -especially important are the local rules. See if you can get a copy -maybe talk to the judge's secretary.Take a look at some divorce files. These are public records and the Clerk of Court can help you out. Sit through some divorce confirmation hearings. These may set all together on rule days where you can see several in a row. Again, the judge's secretary or law clerk can tell you when they have the hearings.

    • #2177
      summer59
      Participant

      Thank you Lex for all your help.  I really can't tell you how much I appreciate the way you and the other folks help us. 'Thanks' seems so small!Blessings,Sum

    • #2178
      summer59
      Participant

      Before I could start the ball rolling on the divorce, I learned that my husband's attorney filed for it on Feb 4.  The lady told me the judge hadn't signed yet and that I would be getting served only she didn't know why.  Frankly I don't either.  We were like  ships in the night…there's nothing between us, never was and we have a pre-nup. She did say that I should show up for court.  I think she's probably seen nasty stuff go on!  Yep, I'll be there with bells on!  If he did try something, I could ask for several thousands as he had me on his account in the event something happened to him and he'd need me to write checks for him.  It never happened and I never wrote any.  I left on a Saturday and Monday morning bright and early he was at the bank!  Ha!…he doesn't know how to do anything online.  If I'd wanted to be ugly, I could have wiped out the account the day I decided to leave.  All I would have had to do was transfer funds to my personal/pre-marriage account!  He couldn't close the account without my signature, he just emptied it.  Boy, what a silly goose!Anyway...just wanted to update you Lex as you have been such a great help and support through all this.  Can't thank you enough!  Kindest regards,Sum

    • #2179
      richard johnson
      Participant

      Contact the court where the divorce took place to get a copy of a decree absolute or final order. If you know the case number, a copy of a decree absolute or final order costs $25. If you don’t know the case number, the cost is $70.

    • #2180
      Lex
      Participant

      Richard, in his post above, talks about some things we don't have in Louisiana, like “decree absolute” and the costs he talks about are way, way lower than we have here.But then, he is not a Louisiana lawyer, he is in Southern California, which is something to keep in mind.

    • #2181
      summer59
      Participant

      I appreciate the response from Richard but as you know Lex, this new court deal is for the final step, no divorce yet.  Hubby filed July 8, 2014 for the divorce and the 6 months is now up and on Feb 4, his lawyer filed the petition to finish it.  I accepted service back in July so I didn't think I'd have to be served again.  His lawyer said I'd be able to pick up the papers from her (outdoor) mailbox instead of my being served.  Not sure what's going on but I'll be in court when the time comes. Is it the norn to be served again since there isn't anything either one of us wants from the other, no community property, have a pre-nup, no children, nothing!  Can't wait to get this over with!!!  Thanks again!Sum

    • #2182
      Lex
      Participant

      If there isn't a waiver, then the defendant has to be served again. This is a formality so that if the defendant does have any defenses, like claiming a reconciliation took place, then there would be notice and an opportunity to get the defense heard.As for the "hearing" -normally neither party goes. There is just one lawyer after another going through the routine of presenting the file, confirming the dates are in order, and asking for judgment.

    • #2183
      summer59
      Participant

      I did sign a waiver before a notary and hand delivered it to hubby's attorney.  So, I don't know why the lady at the clerk of court's office said I'd be served.  I am not sure if she is a law clerk or just works in the general office.  Maybe I should call and ask to speak with the judge's secretary.  Any thoughts on that?God bless you for being so helpful!  Many thanks!Summer 

    • #2184
      Lex
      Participant

      Was the waiver at the beginning? If so, it was probably a waiver of service on the original petition.

    • #2185
      summer59
      Participant

      Yes Lex, it was at the beginning.  Hubby filed a "PETITION FOR DIVORCE ACCORDING TO LOUISIANA CIVIL CODE ARTICLE 102" on July 8, 2014 and I signed  a "ACCEPTANCE OF SERVICE AND WAIVER OF FORMAL CITATION, NOTICES, AND SERVICE OF PROCESS" on July 22, 2014.I wouldn't think I'd need to be served again but then I'm a totally lay person.  If you can enlighten me, please do!  Thanks for your help,Sum

    • #2186
      Lex
      Participant

      The hearing should be on a rule to show cause why hubby should not be granted his divorce. A rule to show cause is a demand to appear in court to contest what is asked for or the other side wins by default if you don't show or don't have any evidence to present. Due process requires that you be made aware of the date and time and there be something official in the record that you were notified. 

    • #2187
      summer59
      Participant

      i can't thank you enough Lex!  You're the greatest!Will let you know when that happy day arrives!  🙂Hugs,Sum

    • #2188
      summer59
      Participant

      Lex, thank you for all your help.  The court date is set for March 23rd.  I plan on going just to make sure all goes well and I'm divorced.  I do have a question though...if all goes as planned and the divorce is granted (no reason for it not to but...), will I be able to get a copy of the divorce the same day?  I live a distance from the court house and would like to have a copy without having to return to the court house.  I'd rather go shopping!  Or better yet...celebrate!!! 🙂Thanks again!Blessings,Sum

Viewing 15 reply threads
  • You must be logged in to reply to this topic.