Fill and Sign the Reconventional Demand 497308638 Form

________________ : _______ JUDICIAL DISTRICT COURT VS : PARISH OF _______ , LOUISIANA ________________ : DOCKET NO. ____ ______________________________________________________________________________ ANSWER AND RECONVENTIONAL DEMAND NOW INTO COURT, through undersigned counsel, comes ________________ , who, in answer to plaintiff's petition for divorce, respectfully represents that: l. The allegations of Paragraph 1 of the petition for divorce are admitted. 2. The allegations of Paragraph 2 of the petition for divorce are admitted. 3. The allegations of Paragraph 3 of the petition for divorce are admitted. 4. The allegations of Paragraph 4 of the petition for divorce are admitted. 5. The allegations of Paragraph 5 of the petition for divorce are admitted. 6. The allegations of Paragraph 6 of the petition for divorce are admitted. 7. The allegations of Paragraph 7 of the petition for divorce are admitted. 8. The allegations of Paragraph 8 of the petition for divorce are denied. 9. The allegations of Paragraph 9 of the petition for divorce are admitted. 10. The allegations of Paragraph 10 of the petition for divorce are denied. 11. The allegations of Paragraph 11 of the petition for divorce are denied. 12. The allegations of Paragraph 12 of the petition for divorce are denied. 13. The allegations of Paragraph 13 of the petition for divorce are denied. 14. The allegations of Paragraph 14 of the petition for divorce are denied. 15. The allegations of Paragraph 15 of the petition for divorce are denied. 16. The allegations of Paragraph 16 of the petition for divorce are denied. 17. The allegations of Paragraph 17 of the petition for divorce are denied. 18. The allegations of Paragraph 18 of the petition for divorce are denied. AND NOW ASSUMING the position of plaintiff in reconvention, ________________ respectfully represents that: I. Defendant in reconvention has engaged in extramarital affairs, during the marriage between Plaintiff and Defendant. II. Because of the defendant = s adultery, petitioner desires a divorce from the defendant, pursuant to Civil Code Article 103-2. III One (1) child was born between plaintiff and defendant, namely, ________________ , born on _______ ____ , 20 ____ , who is presently in the care, custody and control of the defendant in reconvention, ________________ , but your plaintiff in reconvention avers that it would be in the best interest of the minor child that his custody be awarded jointly to plaintiff and defendant, with residency of said child to be with plaintiff in reconvention, ________________ , subject to defendant = s rights of reasonable visitation to be determined by this Honorable Court. IV. Defendant in reconvention is gainfully employed, earning a sufficient income and has adequate means to provide, and plaintiff in reconvention needs a reasonable amount of child support for the support and maintenance of the minor children in an amount to be determined by this Honorable Court. V. Plaintiff in reconvention desires the exclusive use and occupancy of the community home located at ________________ , _______ , and use of the community movables located therein, pending the dissolution of the community properties. VI By reason of the conduct of defendant in reconvention, plaintiff in reconvention fears for his own personal safety. Plaintiff in reconvention seeks and is entitled, therefore, to the issuance of a temporary restraining order herein directed unto defendant in reconvention, ________________ , restraining, enjoining, and prohibiting her from in any manner threatening, harassing or inflicting bodily harm upon plaintiff in reconvention, ________________ , at his home, his place of employment, place of recreation or at any other place, without bond. VII. Some community property was acquired during the existence of this marriage, and plaintiff in reconvention desires to be recognized as the owner of an undivided one-half (l/2) interest in and to said property, reserving unto him the right to seek a judicial or extra-judicial partition thereof at any time in the future. VIII. Since irreparable injury, loss or damage may otherwise result, to protect plaintiff in reconvention = s interest in the community property, it is necessary that both an injunction and a preliminary injunction be issued herein, enjoining the defendant in reconvention from disposing of, alienating or encumbering any of the community property. Unless restrained from doing so, the defendant in reconvention will dispose of, alienate or encumber some or all of the community property 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 petitioner and defendant; hence, it is necessary that a temporary restraining order be issued immediately in the form and substance of the injunction and the preliminary injunctions mentioned above. IV. Plaintiff in reconvention desires that an income assignment pursuant to the provisions of LSA Revised Statutes 46:236.3 issue herein. WHEREFORE, plaintiff in reconvention, ________________ , prays that there be judgment herein in favor of plaintiff in reconvention, ________________ decreeing a divorce a vinculo matrimonii, dissolving the bonds of matrimony heretofore existing between them. Plaintiff in reconvention further prays that defendant in reconvention, ________________ , be ordered to show cause on the ____ day of ___________ 20 ____ , at ______ o = clock ___.M. why: 1. Joint custody should not be awarded to plaintiff and defendant, with residency of the minor children to be with plaintiff in reconvention, with defendant in reconvention being granted reasonable visitation rights. 2. Defendant in reconvention should not be ordered to pay a reasonable amount of child support for the minor children of the marriage in an amount to be determined by this Honorable Court. 3. Plaintiff in reconvention should not be granted the exclusive use and occupancy of the community home located at ________________ , _______ , and the community movables located therein, pending the dissolution of the community properties. 4. A temporary restraining order should not issue herein directed unto defendant in reconvention, ________________ , without bond, restraining, enjoining, and prohibiting the defendant in reconvention from harassing or physically abusing plaintiff in reconvention, at his home, place of employment, place of recreation or any other place. 5. A temporary restraining order be issued herein, according to law, directed to the defendant in reconvention, restraining, enjoining and prohibiting her , her agents, employees and all other persons, firms, or corporations acting or claiming to act in her behalf, from disposing of, alienating, or encumbering any of the property owned by the community of acquets and gains existing between plaintiff and defendant, and further from withdrawing, converting, or disposing of any of the funds on deposit in any bank or trust company in the name of plaintiff and/or defendant. 6. An income assignment pursuant to the provisions of LSA Revised Statutes 46:236.3 should not be ordered herein. Respectfully Submitted: ____________________________ ________________ ________________ _______ , LA ____ ( ____ ) _______ La. Bar Roll No. ____ Attorney for Defendant Please serve defendant in reconvention through her counsel of record: ________________ ________________ _______ , LA ____ ________________ : _______ JUDICIAL DISTRICT COURT VS : PARISH OF _______ , LOUISIANA ________________ : DOCKET NO. ____ ______________________________________________________________________________ ORDER Considering the foregoing Pleadings: IT IS ORDERED, ADJUDGED AND DECREED that there be judgment herein in favor of plaintiff in reconvention, ________________ , decreeing a divorce a vinculo matrimonii, dissolving the bonds of matrimony heretofore existing between them. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Plaintiff, ________________ , be ordered to show cause on ________________, 20 ____ , at _________ o = clock ___.M. why: 1. Joint custody should not be awarded to plaintiff and defendant, with residency of the minor children to be with plaintiff in reconvention, with defendant in reconvention being granted reasonable visitation rights. 2.. Defendant in reconvention should not be ordered to pay a reasonable amount of child support for the minor children of the marriage in an amount to be determined by this Honorable Court. 3.. Plaintiff in reconvention should not be granted the exclusive use and occupancy of the community home located at ________________ , _______ , and the community movables located therein, pending the dissolution of the community properties. 4. A temporary restraining order should not issue herein directed unto defendant in reconvention, ________________ , without bond, restraining, enjoining, and prohibiting the defendant in reconvention from harassing or physically abusing plaintiff in reconvention, at his home, place of employment, place of recreation or any other place. 5. A temporary restraining order be issued herein, according to law, directed to the defendant in reconvention, restraining, enjoining and prohibiting her, her agents, employees and all other persons, firms, or corporations acting or claiming to act in her behalf, from disposing of, alienating, or encumbering any of the property owned by the community of acquets and gains existing between plaintiff and defendant, and further from withdrawing, converting, or disposing of any of the funds on deposit in any bank or trust company in the name of plaintiff and/or defendant. 6. An income assignment pursuant to the provisions of LSA Revised Statutes 46:236.3 should not be ordered herein. SIGNED this _____ day of ________________, 20 ____ , at __________________, Louisiana. ____________________________ DISTRICT JUDGE