QUESTION

Can my daughter obtain a divorce while she is still pregnant?

Asked on Nov 11th, 2014 on Divorce - Louisiana
More details to this question:
My daughter is in her last year of law school in Mississippi! She married a young man from Oregon because she is pregnant! He misrepresented himself by heavy drinking, religious preference, drug use, etc. which became apparent in the days after the wedding! This week he threw my 6 month pregnant daughter against a wall! She went to E. R. with severe bruising and small contractions! He left the next day with his few things in a U Haul en route to Oregon. He called and told her he would return in a week to "put his foot down and take her back to Oregon". She filed a police report and they could not find record of him with the birth date that he had provided! Hmmmm? My question is, can she be considered a resident of Louisiana? Her house is in my name, but she has been there for almost three years while in school? If so, can she obtain a divorce in Louisiana while she is still pregnant? Thank you in advance for your time!
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2 ANSWERS

Adoption Attorney serving Baton Rouge, LA
Partner at Esposito Law Firm
1 Award
Your daughter would have to be domiciled in Louisiana in order to file suit in Louisiana. SInce she physically lives in Mississippi, that is where she is domiciled. She should file suit in Mississippi before he files suit in Oregon.
Answered on Nov 12th, 2014 at 12:48 PM

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Your daughter needs to collect the paperwork from the hospital and any police info she has and file a request for a protective order. Then she can work on the divorce. If she leaves the state to escape abuse, she can file where she is.
Answered on Nov 12th, 2014 at 12:44 PM

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