3.7.6 Notice of Judgment

3.7.6 Notice of Judgment aetrahan Thu, 06/22/2023 - 15:25

If the defendant was not personally served with the Petition for Divorce, notice of the judgment of divorce, which was obtained by default, must be served on the defendant by the sheriff.1 If the defendant was personally served with the divorce petition or the divorce was contested, the notice of judgment must be mailed by the clerk of court.2 Long-arm service of non-residents by certified mail or commercial courier qualifies as “personal service” for this notice-of-judgment rule. The notice of judgment is required to start the running of the 30-day appeal period.3 However, notice of judgment is no longer required in Article 103(1) divorces (i.e., those based on physical separation) when the defendant, as is common, waives notice of judgment when waiving service.

  • 1La. C.C.P. art. 1913(B).
  • 2La. C.C.P. art. 1913(C).
  • 3La. C.C.P. art. 3942(A).