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Reconventional Demand Louisiana

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ANSWER AND RECONVENTIONAL DEMAND

: 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:

1. 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 , 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 (1/2) 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:

Attorney for Defendant

Please serve defendant in reconvention through her counsel of record:

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

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What a Reconventional Demand in Louisiana Is

A Reconventional Demand in Louisiana is a defendant's formal pleading that asserts a claim back against the plaintiff within the same proceeding. It combines an answer with a counterclaim based on the same transaction or occurrence and asks the court to award relief to the defendant. The document must follow state civil procedure and local court rules for formatting, service, and signature; requirements for timing and supporting attachments vary by parish and by court, so verify local filing and service rules before submission.

Why a Proper Reconventional Demand Matters

Filing a clear Reconventional Demand preserves defenses and affirmative claims, allows consolidation of related disputes, and can affect the case’s remedies, costs, and scheduling.

Why a Proper Reconventional Demand Matters

Who Typically Prepares and Files This Document

The Reconventional Demand is prepared when a defendant has a legal claim that arises from the same facts as the plaintiff’s suit.

  • Defense attorneys who need to assert related claims while responding to the complaint.
  • Pro se defendants representing themselves who must combine an answer with counterclaims.
  • In-house or corporate counsel for businesses facing civil litigation in Louisiana.

Parties should confirm who will sign, who will serve the opposing party, and whether local court e-filing systems accept the pleading format.

Who Can Sign the Reconventional Demand

Defense Counsel — Attorney

An attorney of record signs on behalf of a represented defendant and certifies the pleading meets procedural and ethical rules; counsel must include bar number and contact information as required by local court rules.

Pro Se Defendant — Individual

A pro se defendant may sign the Reconventional Demand personally; courts expect proper captioning, clear statement of facts and cause of action, and compliance with local formatting and service requirements.

Required Information and Fields

Caption: Court, case number, parties
Title: Identify as Reconventional Demand
Statement of Facts: Concise factual narrative
Cause(s) of Action: Legal basis listed
Relief Sought: Specific remedies stated
Signature Block: Signer name, bar number

Key Components of a Professional Reconventional Demand

A professional Reconventional Demand is organized, cites the legal basis for each claim, identifies requested relief, and includes any exhibits, verification, and proof of service required by the court.

Caption

Complete court heading with parish, docket number, plaintiff and defendant names to ensure the clerk assigns the filing correctly and links it to the underlying case.

Preliminary Statement

Short introduction identifying the pleading as an answer with reconventional demand and stating whether it is asserted in the same instrument or by separate pleading as permitted by local rules.

Factual Allegations

Chronological, numbered facts that support each reconventional claim and tie the defendant’s causes of action to the same transaction or occurrence.

Causes of Action

Labeled claims (e.g., breach of contract, negligence) with concise legal elements and how facts satisfy each element under Louisiana law.

Demand for Relief

Precise statement of damages, injunctive relief, costs, and attorney fees sought, with dollar amounts where practicable and lawful.

Verification & Signature

Signed verification or affidavit as required; attorney signature, bar number, and certificate of service showing opposing counsel was served.

Step-by-Step: Drafting and Filing a Reconventional Demand

Follow these steps to prepare, sign, and file a Reconventional Demand that aligns with common Louisiana practice and local court procedures.

  • 01
    Identify Basis: Confirm the claim arises from the same transaction or occurrence.
  • 02
    Draft Pleading: Compose caption, facts, causes of action, and demand for relief.
  • 03
    Attach Exhibits: Include contracts, invoices, or other supporting documents.
  • 04
    File and Serve: E-file or deliver to clerk and serve opposing counsel per local rules.

Configuring an Online Workflow for Completion and Delivery

Set up a digital workflow that maps document roles, authentication, and final delivery to court and opposing counsel.

Field Configuration
Document Type Reconventional Demand with attachments
Signer Roles Defendant, Defense Counsel, Notary (if required)
Authentication Email plus access code or advanced ID where required
Delivery E-file to clerk and email opposing counsel

Where to File and How the Document Moves Through the System

A Reconventional Demand is filed with the court clerk and served on the opposing party; local e-filing systems and service rules determine exact steps.

  • Prepare Pleading: Finalize document with exhibits and certificate of service.
  • Submit to Court: E-file or deliver to parish clerk according to local procedures.
  • Serve Opponent: Serve opposing counsel and confirm service method in certificate.
  • Receive Docketing: Clerk assigns entry and notifies parties per court system.

Digital Signing and eSubmission Considerations

Choose tools and settings that produce court-ready PDFs, capture an audit trail, and meet signer authentication expectations.

  • File Formats: PDF/A or court-preferred PDF
  • Integrations: Common: Microsoft 365, Google Workspace
  • Authentication: Email link or access code

Typical Timelines and Response Expectations

Timing affects preservation of claims and right to relief; confirm precise deadlines in the applicable code and local rules before proceeding.

When to Assert:

Usually with the answer or as allowed by local rules

Service Timing:

Serve opposing counsel promptly after filing

Response Window:

Opponent’s response time varies by court rules

Hearing Scheduling:

May be set after pleadings are resolved

Amendment Period:

Court may allow amendments under procedural rules

Key Milestones in a Reconventional Demand Case Timeline

This sequence shows common milestones from filing to resolution and the typical order in which they occur.

01

Draft and Review

Prepare pleading, verify facts, and attach supporting exhibits.

02

File and Docket

Submit to the clerk and obtain a docket entry or confirmation.

03

Serve Opponent

Deliver the pleading to opposing counsel with a certificate of service.

04

Case Management

Meet scheduling deadlines, hearings, and discovery obligations set by the court.

Common Mistakes When Preparing a Reconventional Demand

  • Failing to tie reconventional claims to the same transaction or occurrence, which can lead to dismissal.
  • Omitting or mislabeling exhibits so the court cannot verify factual assertions upon initial review.
  • Improper service or missing the certificate of service, leaving the pleading ineffective against the opposing party.
  • Using vague relief requests without specific damages calculations or clear non-monetary remedies.

Risks and Consequences of an Incorrect Filing

Dismissal Risk: Failure to plead correctly
Default Exposure: Missed procedural deadlines
Sanctions: Court-ordered penalties possible
Cost Awards: Adverse fee shifting possible
Evidence Loss: Late exhibits may be excluded
Waiver: Failure to plead may waive claims

Real-World Examples and Customer Stories

Below are two real customer stories that illustrate usage and operational benefits when managing pleadings and signature workflows.

Martin Properties

Tim Martin, Founder

  • Needed a compliant online workflow to handle leasing disputes quickly
  • The team processed and executed pleadings online with built-in security, enabling efficient service and case management across mobile and desktop.

Fertility Centers of Illinois

John Butler, Founder

  • Required secure, auditable signatures for legal documents and integrations with existing systems
  • airSlate SignNow provided flexible signing and strong compliance controls to meet institutional requirements.

Practical Tips for Accurate and Efficient Completion

Apply these best practices to reduce errors, speed filing, and improve the evidentiary strength of your Reconventional Demand.

Verify Party Names
Confirm plaintiff and defendant legal names against the original complaint and corporate filings to avoid miscaptioning or service defects.
Organize Exhibits
Label and paginate exhibits, reference exhibit identifiers in pleading paragraphs, and ensure attached files meet court size and format limits.
Use Clear Relief Language
State precise monetary amounts or specific injunctive relief so the court and opposing party understand the scope of what you seek.
Confirm Local Rules
Check parish clerk filing requirements, e-filing formats, and any local signature or verification expectations before submitting.

eSignature Pricing and Feature Comparison

Comparison of common pricing and feature criteria among major eSignature vendors; signNow is listed first per standard comparison format.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/year Varies by plan Varies by plan Varies by plan

Frequently Asked Questions and Troubleshooting

Answers to common questions about preparing, signing, and filing a Reconventional Demand in Louisiana and related e-filing concerns.


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