Serving Out-of-State Defendants

If you don't know where your out-of-state spouse lives, then you might want to check our post on "Locating Spouses, Finding Defendants" among the August, 2008 topics. Otherwise, if you do know where he/she lives and you have a service address, then service is simply by mail:

Service on a spouse who lives outside Louisiana is governed under the Long Arm Statute, La. R.S. 13:3201 and following statutes, which state that the Petitioner must:

• SERVE the other spouse by registered or certified mail (or other enumerated means, see the statute for more information), and
• FILE the Affidavit of the person who sent the mailing, along with the return receipt.
• WAIT thirty (30) days from service before requesting entry of a preliminary default judgment against the Defendant.

NO judgment can be rendered until after that 30-day time period is passed.