Self Representation

All information and forms found on this site are designed to provide you with legal information and applicable resources. This site does not provide legal advice, nor is it intended to be a comprehensive summary of the laws and issues relevant to your case. Though you have the right to represent yourself, you should do so only after trying to obtain representation.

Continuance of Court Proceedings

If you have a prior, legitimate conflict with a court date provided to you by the court for the hearing of your case it will be necessary for you to request a continuance in writing.

Divorce

The information on this page provide a very basic overview of Louisiana law concerning divorce. Everyone has the right to represent themselves but the law is a serious matter and you should seek to protect your rights at all times. If you have any questions concerning the use of these forms or your legal rights, it is strongly recommended that you consult with an attorney. THE LAW MAY CHANGE AT ANY TIME. Forms may become outdated. You should research and review the law to make sure that the form you use is accurate and complies with Louisiana law. You can obtain a divorce in Louisiana as follows: Louisiana Civil Code Article 102 (sometimes referred to as an “Article 102 Divorce”) – This type of divorce is based on the spouses, After filing a petition for divorce, living separate and apart continuously (without reconciliation) for 180 days if they do not have minor children and 365 days if they do have minor children. If you plan to base your divorce on living separate and apart for the required time, you will obtain your divorce if all of the following conditions are met:

1. One of the spouses files a Petition for Divorce based on Louisiana Civil Code Article 102; and

2. The Petition for Divorce is served on the other spouse or the other spouse accepts service; and

3. The spouses live separate and apart continuously (without reconciliation) for 180 days if they do not have minor children or 365 days if they do have minor children

Louisiana Civil Code Article 103 (sometimes referred to as an “Article 103 Divorce”) – This type of divorce can be obtained if any of the following factors apply to you:

1. The spouses have lived separate and apart continuously for 180 days if they do not have minor children and 365 days if they do have minor children before filing a petition for divorce; or

2. A spouse can prove the other spouse committed adultery; or

3. A spouse has been convicted of a felony and has been sentenced to imprisonment at hard labor or death; or

4. A spouse has physically or sexually abused the other spouse or a child of either spouse; or

5. A protective order has been issued against a spouse.

Expungement

Louisiana law sets forth specific forms which must be used in seeking an expungement. These forms are found in Louisiana Code of Criminal Procedure Articles 987 through 933. Additionally, expungement forms provided by the Louisiana Clerks of Court Association are available at www.laclerksofcourt.org. These forms may be filled out on-line and printed, or printed and filled out by hand.

Living Will

The Louisiana Secretary of State maintains a Registry of Living Will Declarations pursuant to Louisiana R.S. 40:1299.58.1-10, Act 382 of 1984, as amended. Additionally, the Louisiana Secretary of State’s website provides a Living Will Declaration Form.

Medical Power of Attorney

The Louisiana state’s Governor’s Office of Elderly Affairs provides the form Louisiana Health Care Power of Attorney. These forms may be filled out online and printed, or printed and filled out by hand. Visit the website to complete this form and obtain more information concerning a health care power of attorney.

Protective Orders

1. Any person who has been abused and has reason to fear for his or her safety and is a:

2. Family member of the abuser

3. A person presently or formerly living with the abuser as a spouse

4. A person who is or has been in a social relationship of a romantic or intimate nature with the abuser can ask the court for protection from an abusive person by filing a Petition for Protective Order.

You can file a petition for protective order for yourself or on behalf of children or both. You can also file this petition on behalf of an incompetent person who is not capable of filing for him or herself due to a medical or mental disability. Visit www.lasc.org/court_managed_prog/LPOR/pro_forms.asp to view and or download Protective Order Forms. If you need help, there are deputy clerks trained to assist you at the St. Tammany Parish Clerk’s Office and the Washington Parish Clerk’s Office.

Restraining Orders

Anyone within this state seeking to prohibit abusive behavior (not necessarily involving a family or dating relationship) including actions which may result in irreparable harm or injury, may seek a restraining order pursuant to La. Code of Civil Procedure article 3601. A petition for restraining order must be filed in the city court or parish district court where the victim believes the abuse will happen. Note that a city court’s jurisdiction is limited to inside city limits.

See Domestic Abuse for assistance in obtaining protection regarding a family or dating relationship pursuant to the Domestic Abuse Assistance Act and the Protection from Dating Violence Act.

Visit www.lasc.org/court_managed_prog/LPOR/pro_forms.asp to view and or download Restraining Order Forms.