What are Louisiana Divorce Records?

Divorce records in Louisiana contain details of divorce proceedings and how the divorce was finalized. These can be court or vital records dispensed by the state for documentation and maintenance. As of 2018, there were 7.6 divorces for every 1,000 women over 15 in Louisiana.

Louisiana allows no-fault and fault-based divorces, subject to the judge's verdict. The court may permit a no-fault divorce if the couples meet the following conditions;

• Both parties have stayed apart consistently for at least 180 days, and have not had a child under 18 years old.
• Both parties have stayed apart consistently for at least 365 days and have a child under 18 years old.

Fault-based divorce grounds for divorce in Louisiana include:

• One of the spouses physically or sexually assaulted the other spouse or their child or stepchild in the course of the marriage.
• The court issued a civil or criminal protective order against an abusive spouse.
• One of the spouses has been convicted of a felony and sentenced to long-term imprisonment with hard labor or death.
• One of the spouses has committed adultery.
• On the date the petition is filed, the spouses have been living continuously apart for the requisite period or more.

In Louisiana, divorce proceedings may end in any of these ways:

• Legal separation
• Annulment
• Divorce

Legal separation applies to covenant marriages. In a legal separation, one of the couple moves out, and the court decides on child custody, child support, division of assets, and alimony. However, in the real sense, the marriage is not terminated. Hence, the spouses are also not allowed to remarry until the legal separation is modified into an actual divorce.

An annulment is when the court declares that the marriage is null. In Louisiana, the two types of annulment are an "absolutely null marriage", which is null from the date of marriage, and a "relatively null marriage", which is legal until a judge declares it null. Common reasons for annulment include bigamy, incest, fraud, duress, and coercion.

Divorce breaks all initial legal bonds of marriage, which means that both parties no longer have any conjugal rights or duties to each other. Each spouse goes their separate ways after a divorce; all assets and debts are divided, child custody and alimony issues are sorted.

A divorce is finalized once the judge signs the judgment. This judgment represents the divorce decree, and it is maintained by the Clerk of Court where the divorce was granted. In Louisiana, divorces generally take a minimum of 30 days to finalize. However, this period may extend to up to 90 days, depending on the court's caseload.

Family court documents include marriage and divorce records. Both types of records contain information that is considered very personal to the parties involved, and it is recommended that those parties maintain these records with care to make future changes. The personal nature of these records makes them considerably more difficult to find and obtain compared to other types of public records. These records are often unavailable through government sources or third-party public record websites.

Are Divorce Records Public In Louisiana?

Court proceedings are deemed public events; hence, information garnered during the proceedings is public property. Divorces are subject to court proceedings; therefore, the documents used or submitted at the trial become public records. Under the Freedom of Information Act (FOIA), all citizens are allowed to view or copy such public records, which means Louisiana divorce records are open to the public.

While the public may view these records from the Clerk of Court office in the Parish where the divorce occurred, the Judgment of Divorce (divorce decree) is only released to eligible persons. These eligible individuals include the parties named on the record, legal representatives of the parties, parents of the couple, and other adult direct relatives of the parties.

Records that are considered public may be accessible from some third-party websites. Operating independently of any federal, state, or local agency, such websites may simplify the search process as they are not limited by geographic location. In addition, third-party sites typically have search engines that may be used to filter specific or multiple records. To use third-party or government websites, interested parties may need to provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state that the person resides in or was accused in

However, third-party sites are independent of government sources and are not sponsored by these agencies. Therefore, the record results, availability, or accuracy cannot be guaranteed.

What Are The Types Of Divorce Records Available In Louisiana?

In Louisiana, divorce decrees are the only certified divorce records available to authorized members of the public. A divorce decree is a court document that reflects the final decree signed by a judge dissolving a marriage union. It records in detail the terms and conditions of the divorce, incorporating the division of assets and debts, financial responsibilities, child custody, alimony, and other necessary information. A Louisiana divorce decree is a certified divorce record only available to the couple and the attorneys involved in the divorce proceedings.

However, members of the public may access divorce court proceedings and other court case information as they are made available. These court records are made available electronically on some courthouse web portals or via the public computer terminal at the Clerk of Court office in the Parish where the divorce was finalized. For example, the public may search for divorce records (along with other civil court records) finalized in East Baton Rouge or Jefferson Parish via the Clerks of Court websites.

How Do I Get Divorce Records In Louisiana?

Generally, eligible persons may obtain divorce records in Louisiana from the office of the Clerk of Court in the Parish where the divorce was filed. The process of accessing divorce records may vary from Parish to Parish. In most parishes, requestors submit a completed application form or a written request specifying:

• The names of the couple
• The divorce certificate number
• The year of the divorce
• The court case file number.

Eligible persons may access a divorce decree in one of the following ways;

• In-person request from the Clerk of Court in the Parish where the divorce was filed
• Mail-in request to the Office of the Clerk of Court in the Parish where the divorce was filed
• View the electronic copies of available divorce records at the public access station at the Parish where the divorce was filed.

A requester may be required to pay a fee for copies of the divorce record. The fee may vary depending on the type of divorce records (certified or informational). Extra charges will also apply if the requester seeks to obtain additional original copies. The request mode also determines the total fee charged for the records. For instance, a 'RUSH' order costs more than a regular request.

Requestors may use the 'Select Parish or Court' option on the Louisiana Clerks of Court Association website to locate a parish court.

Who Can Obtain Divorce Records In Louisiana?

Primarily, informational copies in Louisiana are open to the general public. Certified copies may be accessed by specified persons who are eligible according to the law. They include:

• Both parties involved in the divorce (the couple)
• Parents of the couple
• Grandparents of the couple
• Adult siblings of the couple
• Adult children of the couple
• A legal representative of either spouse

Are Louisiana Divorce Records Available Online?

The Louisiana government or courts do not provide online access or a request for the state's divorce records. As the sole repository of divorce records in the state, Louisiana courts only make certified divorce records available to authorized persons. However, the public may access divorce case information via court records provided by the court in the Parish where the case was heard. Alternatively, interested persons may seek Louisiana court records from third-party websites. Note: the government or judicial authority in the state does not back such private websites; hence, data accuracy may not be guaranteed.

How Do I Seal My Divorce Records In Louisiana?

In Louisiana, a court order is generally required before an available divorce record may be sealed. Individuals who wish to have their divorce records sealed may send a written application to the parish court where the divorce was granted.

In doing this, the couple involved has to provide the court with tangible reasons why the divorce record should be sealed. The couple must prove to the court the negative implications of leaving the records open on their lives. Such impacts may include a specific negative influence on their reputation, children (if any), career, or finances. For example, a couple may seek to have a divorce record sealed if it reveals sensitive information that affects some business operations.

Generally, in Louisiana, filing a motion to seal the part of the divorce document that contains sensitive information is more likely to be granted than a motion to seal the divorce records completely.