Fill and Sign the Answers to Original First Amended and Supplemental Petition and Reconventional Demand Divorce Louisiana Form

_______________ : ________ JUDICIAL DISTRICT COURT VS : PARISH OF ________ , LOUISIANA _______________ : DOCKET NO. ____ ______________________________________________________________________________ _ * * * ANSWER TO ORIGINAL PETITION, FIRST AMENDING AND SUPPLEMENTAL PETITION AND RECONVENTIONAL DEMAND NOW INTO COURT, through undersigned counsel, comes Defendant, _______________ , who in answer to plaintiff's Petition for Divorce, respectfully represents that: l. The allegations of Paragraph l of plaintiff's petition are admitted. 2. The allegations of Paragraph 2 of plaintiff's petition are admitted. 3. The allegations of Paragraph 3 of plaintiff's petition are admitted. 4. The allegations of Paragraph 4 of plaintiff's petition are admitted. 5. The allegations of Paragraph 5 of plaintiff = s petition are admitted. 6. The allegations of Paragraph 6 of plaintiff = s petition are denied. 7. The allegations of Paragraph 7 of plaintiff = s petition are denied. 8. The allegations of Paragraph 8 of plaintiff = s petition are denied. 9. The allegations of Paragraph 9 of plaintiff = s petition are denied. 10. The allegations of Paragraph 10 of plaintiff = s petition are denied. 11. The allegations of Paragraph 11, including all sub-parts are denied. 12. The allegations of Paragraph 1 of the First Amending and Supplemental Petition are admitted. 13. The allegations of Paragraph 2 of the First Amending and Supplemental Petition are denied. 14. The allegations of Paragraph 3 of the First Amending and Supplemental Petition are denied. 15. The allegations of Paragraph 6A of the First Amending and Supplemental Petition are denied. RECONVENTIONAL DEMAND AND NOW assuming the position of plaintiff in reconvention, _______________ . 16. The defendant in reconvention, _______________ , is a resident of and domiciled in ____ ____ Parish, Louisiana. 17. Plaintiff in reconvention and her husband were married on ________ ____ , 20 ____ and the matrimonial domicile was established in ________ Parish. 18. Plaintiff in reconvention and defendant in reconvention separated on and have lived separate and apart without reconciliation. 19. Under the provisions of LSA-C.C. ART 102, Plaintiff in reconvention is entitled to a Judgment of Divorce after having lived separate and apart for a period in excess of 180 days. 20. Of this marriage, one (1) child was born, namely, _______________ , born on ________ ____ , 20 ____ , and said child has been, and presently is in the physical care, custody and control of your defendant in reconvention and it would be in the best interest of said minor child to be placed in the joint custody of his parents thereafter in accord with a joint custody implementation plan. 21. The defendant in reconvention is gainfully employed, earning a sufficient income and has adequate means to provide and your plaintiff in reconvention needs a reasonable amount of alimony pendente lite and child support to be determined by this Honorable Court in accord with LSA- C.C ART. 111 and LSA R.S. 9:315 et seq., respectively, plus medical insurance and all uncovered medical, dental, drug and optical expenses incurred or to be incurred on behalf of plaintiff in reconvention and the aforesaid minor child, to commence from the date of the filing of these proceedings and to continue thereafter until the further orders of this Honorable Court. 22. Some community property, both movable and immovable, was acquired during the existence of this marriage and plaintiff in reconvention desires that the parties be recognized as the owners of an undivided one-half ( 2 ) interest each in and to said community property, reserving unto them the right to seek a judicial or extra-judicial partition thereof at any time in the future. 23. Since irreparable injury, loss or damage may otherwise result, to protect plaintiff = s in reconvention interest in the community property, it is necessary that both a preliminary injunction and an injunction be issued herein, enjoining defendant in reconvention from disposing of, alienating, or encumbering any of the community property, including borrowing against the cash surrender values, or the change of ownership and/or beneficiaries of any of the policies of life insurance insuring the lives of either of the parties. Unless restrained from doing so, the defendant in reconvention will dispose of, alienate, or encumber some or all of the community property and will borrow against the cash surrender values and/or change of the ownership and/or beneficiaries of the policies of life insurance insuring the lives of the parties hereto before notice can be served and a hearing had on the application for a preliminary injunction, resulting in immediate and irreparable injury, loss or damage to plaintiff in reconvention. Hence, it is necessary that a temporary restraining order by issued immediately, in the form and substance of the preliminary injunction and the injunction mentioned above. 24. Plaintiff in reconvention further shows that defendant in reconvention has physically and mentally abused her and she is in fear that the defendant in reconvention may harass or physically or sexually abuse her and she, therefore, desires that an injunction issue herein, without bond, prohibiting the defendant in reconvention from harassing or physically or sexually abusing her. 25. Plaintiff in reconvention further shows that she was free from fault in the causing of the breakup of this marriage and is, therefore, entitled to permanent alimony in and amount to be determined by this Honorable Court, all in accord with LSA. C.C. ART. 112. 26. The defendant in reconvention was not free from fault in the causing of the break up of this marriage. 27. Plaintiff in reconvention is a citizen of this state, and because of her poverty and want of means, she is unable, either to pay the costs of this suit in advance, or as they accrue, or to give security thereof, and desires to file and prosecute this action under provisions of LSA-C.C.P. ARTS. 5181-5188. WHEREFORE, plaintiff in reconvention prays that: 1. The defendant in reconvention be served with a copy of this Answer and Reconventional demand; 2. She be permitted to prosecute this action without prior payment of costs or as they accrue and without giving bond for costs, according to the provisions of LSA-C.C.P. ARTS. 5181-5188. 3. There be judgment on the original petition in favor of the defendant and against the plaintiff, dismissing his demands at his costs; 4. A temporary restraining order issue herein, according to law, directed to the defendant in reconvention and restraining, enjoining and prohibiting him, his agents, employees, and all other persons, firms, or corporations acting or claiming to act in his behalf, from disposing of, alienating, or encumbering any of the property owned by the community of acquets and gains existing between plaintiff in reconvention and defendant in reconvention, including borrowing against the cash surrender values, or the change of ownership and/or beneficiaries of any of the policies of life insurance insuring the lives of either of the parties, all without bond, and further from withdrawing, converting, or disposing of the community funds on deposit in any bank or trust company in the names of defendant in reconvention. 5. The defendant in reconvention be ordered to show cause on a date and at an hour to be fixed by this Court why a preliminary injunction in the form and substance of the temporary restraining order prayed for above, should not issue, and that, on hearing of this rule, proof may be adduced by verified pleadings, by supporting affidavits, or by proof as in ordinary cases, or by any or all of such methods, at the election of the party offering this proof; 6. A temporary restraining order issue herein, according to law, directed to the defendant in reconvention, and prohibiting him from harassing or physically, or sexually abusing plaintiff in reconvention; 7. The defendant in reconvention be ordered to show cause on a date and at an hour to be fixed by this Court why a preliminary injunction in the form and substance of the temporary restraining order prayed for above, should not issue, and that, on hearing of this rule, proof may be adduced by verified pleadings, by supporting affidavits, or by proof as in ordinary cases, or by any or all of such methods, at the election of the party offering this proof; 8. The defendant in reconvention be ordered to show cause, on a date and at an hour to be fixed by this Court, why the parties should not be granted the joint custody of their minor child, _______________ , in accord with the Joint Custody Implementation Plan submitted by the parties. 9. The defendant in reconvention be ordered to show cause, on a date and at an hour to be fixed by this Court, why, during the pendency of this proceeding, he should not be condemned to pay unto plaintiff in reconvention a reasonable amount of alimony pendente lite and child support to be determined by this Honorable Court in accord with LSA-C.C. ART. 111 and LSA R.S. 9:315 et seq., respectively, plus medical insurance and all uncovered medical, dental, drug and optical expenses incurred or to be incurred on behalf of plaintiff in reconvention and the aforesaid minor child, to commence from the date of the filing of these proceedings and to continue thereafter until the further orders of this Honorable Court, and; 10. After all legal delays have elapsed, judgment be rendered herein in favor of plaintiff in reconvention, _______________ , and against the defendant in reconvention, _______________ , perpetuating the preliminary injunction, decreeing a divorce A a vinculo matrimonii @ in accord with LSA-C.C. ART 102, dissolving forever the bonds of matrimony and the community of acquets existing between them, recognizing the parties to be the owners of an undivided one-half ( 2 ) interest each in and to said community property, reserving unto them the right to seek a judicial or extra-judicial partition thereof at anytime in the future; finding plaintiff in reconvention, _______________ , to be free from fault in the causing of the break up of this marriage and, therefore, entitled to permanent alimony; finding the defendant in reconvention, _______________ , not free from fault in the causing of the break up of the marriage; granting unto the parties the joint custody of the minor child born of this marriage, namely, _______________ , in accord with a Joint Custody Implementation Plan, ordering and condemning the defendant in reconvention to pay unto plaintiff in reconvention a reasonable amount of permanent alimony and child support to be determined by this Honorable Court in accord with LSA-C.C. ART. 112 and LSA-R.S. 9:315, et seq., respectively, plus medical insurance and all uncovered medical, dental, drug and optical expenses incurred or to be incurred on behalf of plaintiff and the aforesaid minor child, to commence from the date of the Judgment of Divorce herein and to continue thereafter until the further orders of this Honorable Court, and ordering and condemning the defendant in reconvention, _______________ , to pay all costs of these proceedings. Respectfully Submitted, ______________________________ _______________ _______________ ________ , LA ____ ( ____ ) ________ La. Bar Roll No. ____ ATTORNEY FOR DEFENDANT _______________ : ________ JUDICIAL DISTRICT COURT VS : PARISH OF ________ , LOUISIANA _______________ : DOCKET NO. ____ ______________________________________________________________________________ ORDER It appearing from the verified petition in this case that immediate and irreparable injury, loss or damage may result to plaintiff in reconvention by virtue of the threatened disposal, alienation and encumbering by the defendant in reconvention of property belonging to the community of acquets and gains existing between plaintiff in reconvention and defendant in reconvention, before notice can be served and hearing had on plaintiff = s in reconvention application for a preliminary injunction. IT IS ORDERED that a temporary restraining order issue herein, without bond, directed to _______________ , restraining, enjoining and prohibiting him, his agents, employees, and all other persons, firms or corporations acting or claiming to act in his behalf, or in concert with him, from disposing of alienating, or encumbering any of the community property belonging to the community of acquets and gains existing between _______________ and _______________ and held in the name of _______________ , including borrowing against the cash surrender values, or the change of ownership and/or beneficiaries of any of the policies of life insurance insuring the lives of either of the parties; and further from withdrawing, converting, or disposing of any of the community funds on deposit in any bank or trust company in the name of _______________ . This temporary restraining order shall remain in full force and effect until the hearing on the rule for preliminary injunction scheduled below. IT IS FURTHER ORDERED that _______________ show cause on the ____ day of ________ , 20 ____ , at ____ o’clock ____ .M., why a preliminary injunction, in the form and substance of the temporary restraining order above, should not issue, to be effective during the pendency of this proceeding. On the hearing of this rule, proof may be adduced by verified pleadings, by supporting affidavits, or by proof as in ordinary cases, or by any or all of such methods, at the election of the party offering the proof. IT IS FURTHER ORDERED that a temporary restraining order issue herein, without bond, directed to _______________ prohibiting him from harassing or physically or sexually abusing your plaintiff in reconvention. IT IS FURTHER ORDERED that _______________ show cause on the ____ day of ________ , ____ , at ____ o’clock ____ .M., why a preliminary injunction, in the form and substance of the temporary restraining order above, should not issue, to be effective during the pendency of this proceeding. On the hearing of this rule, proof may be adduced by verified pleadings, by supporting affidavits, or by proof as in ordinary cases, or by any or all such methods, at the election of the party offering the proof. IT IS FURTHER ORDERED that _______________ be and she is hereby permitted to prosecute this action without prior payment of costs or as they accrue and without giving bond for costs, according to the provisions of the LSA-C.C.P. ARTICLES 5181-5188. IT IS FURTHER ORDERED that _______________ show cause on the ____ day of ________ , ____ , at ____ o’clock ____ .M., why: 1. The parties should not be granted the joint custody of the minor child, namely, _______________ , in accord with a Joint Custody Implementation Plan; 2. Defendant in reconvention should not be ordered and condemned to pay unto plaintiff in reconvention, _______________ , a reasonable amount of alimony pendente lite and child support to be determined by this Honorable Court in accord with LSA-C.C. ART. 111 and LSA R.S. 9:315 et seq., respectively, plus medical insurance and all uncovered medical, dental, drug and optical expenses incurred or to be incurred on behalf of plaintiff in reconvention and the aforesaid minor child, to commence from the date of the filing of these proceedings and to continue thereafter until the further orders of this Honorable Court. THUS, DONE, AND SIGNED in _______________ , Louisiana, the ______ day of ____________________, 20 ____ . _______________________________ JUDGE PLEASE SERVE DEFENDANT IN RECONVENTION through his attorney of record: _______________ Attorney at Law _______________ ________ , LA ____ * * * C E R T I F I C A T E I HEREBY CERTIFY that a copy of the above and foregoing Answer Original Petition, First Amending and Supplemental Petition and Reconventional Demand has this day mailed to _______________ , Attorney at Law, _______________ , _______________ , Louisiana, ____ , attorney for plaintiff, by placing a copy of same in the United States mail, postage prepaid and properly addressed. _______________ , Louisiana, this the ______day of ________________, 20 ____ . ______________________________ _______________