The Difference Between a Divorce and an Annulment in Louisiana

Divorce in Louisiana is a civil process that terminates a valid marital union. A valid union may be a formal or covenant marriage. Annulment, on the other hand, is a legal action that dissolves an invalid marital union. The District Courts of the state in each parish handle cases of divorce and annulment in the state per the guidelines of the State Code on Divorce

What is a Louisiana Divorce Decree?

A divorce decree under the Louisiana Civil Code is a document issued by the judge, signaling the finality of the process. It typically states each party's rights, responsibilities, and roles on matters pertaining to the division of assets, spousal support, and custody arrangements (if children are involved). As the name implies, it is an enforceable court document. If a party fails to comply, the other party may take legal action.

Family court documents generally encompass both marriage and divorce records. Both types of records contain information considered 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 than other public records. These records are often unavailable through government sources or third-party public record websites.

What is an Annulment in Louisiana?

Annulment is a legal procedure ( called a null marriage) that renders an existing union null and void. Articles 86 to 97 of the Louisiana Civil Code form the basis of the laws regarding this process. It applies to cases of marriage that state laws prohibit, such as:

• Same sex marriages
• Bigamy
• Marriage ties between descendants and ancestors
• Marriage with blood relatives to the 4th degree
• Forced marriage (child marriage, for instance)
• Proxy marriages

When the court declares the nullity of the marriage, each party is eligible to file a similar process of injunctive relief, like that of a divorce process. Annulment of marriages may be absolute or relative. Absolute nullification refers to those annulled from the date of inception, while relative annulment is at the instance of the judge’s declaration.

The legal nature of annulment records makes them public records. However, their accessibility depends on a variety of factors. For example, the voided marriage involved a minor; information about them is withheld from the public unless it is disclosed to the parties involved or authorized government staff. Overall, annulment records are vital records in Louisiana, and the laws that guide public access to vital records accessibility determine who has access to them.

Annulment vs Divorce in Louisiana

Annulments and divorces share the commonality of an ultimate separation, should the process be successful. They are both legal processes in the state of Louisiana. In addition, at least one party must be a resident of the state to qualify to file for either of them.

The differences lie in the legal pathways, such as the forms used, the waiting time, etc. Both cases require the petitioner to file with the District Court of the parish where either of them may be domiciled. The forms for each case are different, however. Divorce may be easier for parties that have been separated for over a year. A separation is not necessary in an annulment process.

Is an Annulment Cheaper Than Divorce In Louisiana?

It depends. By principle, fewer appearances in court may mean lower costs, either in court fees or in payment to a hired attorney. If the parties involved reason out matters together before going to court, all the judge may require is the settlement agreement form to sign. This is provided that the settlement terms are per state guidelines. Uncontested divorce, for example, may be cheaper regarding time and resources than a contested divorce or an annulment petition requiring investigation into adjoining matters. In terms of cost, both instances may also file for a fee waiver to proceed with their petition.

What is an Uncontested Divorce in Louisiana?

An uncontested divorce in Louisiana happens when both parties consent to a divorce before filing with the court. When this happens, the parties may proceed to complete the Settlement agreement form and submit it to the judge for approval. This way, the parties skip court hearings and the signing of the divorce decree.

Where To Get An Uncontested Divorce Form in Louisiana

The divorce packet in Louisiana comes with the following items:

• A petition for divorce form
• Summons
• A settlement agreement form.

An Uncontested divorce case requires both parties to fill out the settlement agreement form and submit it along with the petition. The petition form also allows parties to indicate if it is a no-contest case. The pack is available at the relevant parish for the case.

Records that are considered public may also be accessible from some third-party websites. Aggregate sites are generally a convenient alternative for inquirers searching for multiple records across several US districts. To search these databases, however, users are typically expected 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 in which the person resides or was accused

Third-party sites are operated independently of government sources. Consequently, the validity and accuracy of the information provided by these sites may not be guaranteed.

How Do I Get a Copy of My Divorce Decree in Louisiana?

Copies of divorce decrees are available at the office of the Clerk of Court in the parish when the parties received the grant for divorce. Not everyone in Louisiana can request a copy of a divorce decree. Only the following categories of persons qualify:

• The parties listed in the record
• Adult children of the involved parties
• Parents and grandparents of the listed parties
• A legally recognized delegate from the listed parties

To start, contact the Clerk of Court of the relevant parish. Have ready the following information:

• Names of the couple ( including the maiden name of the wife)
• Name of the parish where the parties filed the case
• Date of filing
• Date of finalization of divorce
• The number of the Certificate of Divorce
• Proof of eligibility to access the record

Costs vary by parish; however, certified copies usually cost more than regular copies

Divorce and marriage records may be available through government sources and organizations, though their availability cannot be guaranteed. This is also true of their availability through third-party websites and companies, as these organizations are not government-sponsored, and record availability may vary further. Finally, marriage and divorce records are considered extremely private due to the information they contain and are often sealed. Considering these factors, record availability for these types of records cannot be guaranteed.

How Do I Get a Louisiana Divorce Decree Online?

Divorce Decree records are not available online in Louisiana. Requests for these documents may be directed to the Clerk of Court in person or writing. Information about the administrative process of getting one is obtainable through email or facsimile inquiry.