As part of the 2021 changes to the default judgment process, the legislature extended the time for filing an answer from 15 to 21 days after service.1 If the defendant filed a pre-answer exception, the time period for filing an answer following an overruling or deferral to the merits or following a sustaining of the exception and ordering an amended complaint was extended from 10 to 15 days.2 The law retained the provision allowing 30 days to answer when the plaintiff served a discovery request along with the petition.3
If an Answer (with or without an affirmative defense) has been filed, the divorce will have to be tried contradictorily against the defendant or the curator, as applicable. If the defendant does not file an answer, you may elect to seek a default judgment.4
- 1La. C.C.P. art. 1001(A).
- 2La. C.C.P. art. 1001(B).
- 3La. C.C.P. art. 1001(A).
- 4For a more complete discussion of obtaining a divorce by default judgment, see Section 3.7.