3.7.1 General Principles

Some defendants elect not to answer a divorce petition filed under Article 103. An Article 103 divorce is an ordinary proceeding, which requires that the defendant answer. If the defendant fails to do so in the time set forth in La. C.C.P. art. 1001, the petitioner can take a default judgment against the defendant.1 For a court to grant a default judgment, the plaintiff must ”establish[] a prima facie case by competent and admissible evidence.”2

Because a defendant in a default judgment can be cast with costs, you should ask the court to assess the defendant with court costs. Remember to provide the address of the defendant to the clerk of court, who will need it to bill the defendant. 

• 1On these time periods, see Section 3.6.6.
• 2La. C.C.P. art. 1702(A).