Louisiana Divorce Records

Anyone legally married in Louisiana and wishes to end the marriage to their spouse must undergo a divorce process. In 2022, the state of Louisiana had the lowest divorce rate in the United States. At 0.7 per 1,000 population in 2022, Louisiana's divorce rate fell significantly compared to the previous year, 2021, with 2.2 per 1,000 residents. Over the last two decades, the state's divorce rate has consistently been lower than the annual national average, which was 6.2 per 1,000 total population in 2022.

Generally, to register a divorce in Louisiana, one of the two spouses must be domiciled in the state at the time of filing the petition to terminate the marriage. A person may file for a divorce under two conditions in Louisiana. The petitioner either files and then lives separately from the other spouse during the divorce process or files while both spouses already live separately. A divorce can be contested or uncontested in Louisiana.

In a contested divorce, both spouses find it hard to agree on issues presented by the development (marriage dissolution) and then ask the court to rule on such matters. On the other hand, both parties generally agree on those issues in an uncontested divorce, and this makes the process faster and easier for all parties involved. Louisiana divorce records are generally considered public records under state law unless sealed. They are primarily stored by the Clerk of Court in the parish where such divorces occurred.

What are Divorce Records?

Louisiana divorce records are official documents showing the details of the divorce process and proceedings between ex-couples. The importance of keeping divorce records in the state cannot be overstated. For instance, it can help the public verify the status of divorced individuals. Similarly, they may be used as proof in post-divorce judgment matters, especially where one of the spouses fails to comply with the terms of the agreement. Louisiana divorce records are also useful in conducting genealogical research.

A typical Louisiana divorce record contains vital details obtained from a marriage's dissolution proceedings. It includes the terms and conditions of a divorce, which largely incorporate child custody, spousal support, assets and debts division, and other financial responsibilities. It will also contain the personal information of the parties involved, the court that granted the divorce, and the date it was finalized. In most cases, the exact information included in a Louisiana divorce record will vary based on the uniqueness of the case and the judge's discretion.

Divorce matters are handled by Family Courts in Louisiana. In addition to creating divorce records, the Family Courts also maintain these records and disseminate them to the public upon request through the Clerks of Court Offices across the state. Unlike most states, the Louisiana Vital Records Registry does not maintain divorce records. A divorce record may only be accessed at the Clerk of Court Office in the parish where the divorce was finalized or granted.

Are Divorce Records Public in Louisiana?

In Louisiana, divorce records are created from court proceedings, and these are generally considered public records per the state's Public Records Law. This law ensures that public documents, including divorce records, are open to public view and accessible to interested individuals. Generally, the ability of the public to access divorce records in the state helps to promote the principle of open government as stipulated in the Public Records Law. While Louisiana divorce records can be publicly accessed, certain information may be restricted or redacted when disseminating them to protect the privacy of the parties involved in certain circumstances, particularly to protect the children.

The Clerk of Court Offices across the state generally allow the public to inspect Louisiana divorce records. However, only eligible individuals may obtain certified copies of divorce decrees, otherwise known as the judgment of divorce. Qualified persons include the parties involved, their parents, grandparents, adult children, adult siblings, and legal representatives. While the process of inspecting or obtaining Louisiana divorce records may vary by parish, requesters will typically need to provide certain details to have their requests fulfilled. These include the names of the divorced spouses, the year of divorce, the case file number, and the divorce certificate number.

Divorce Stats and Rates in Louisiana

Louisiana's divorce rate has remained relatively low over the past years compared to several other states in the nation. This is confirmed by the National Center for Health Statistics reports on Divorce rates. According to other reports, as of 2024, at least 10.7% of Louisiana's population are divorced, while 12.8% accounts for the divorced population in the state.

The Hawaiian community has the highest divorce rate by race at 15.4%, followed by the Indian race, whose divorce rate stands at 12.8%. Similarly, about 12.4% of the White non-Hispanic race in the state are divorced, which is followed closely by Whites at 12.3%. The approximate divorced demographics among other racial groups in Louisiana are 11.5% for Blacks, 8.9% for Hispanics, and 4.7% for Asians.

Grounds for Divorce in Louisiana

In Louisiana, it is impossible for anyone to petition the court for a divorce without a legally acceptable reason, otherwise known as grounds for divorce. Under state law, there are fault-based and no-fault-based grounds for divorce. Generally, a person can file for divorce in Louisiana either under Article 102 or Article 103. To be eligible for no-fault divorce, both spouses must have lived separately and apart for an uninterrupted period of time (180 or 365 days), depending on whether they have minor children.

Under Article 102, a person may file for divorce and then start living separately and apart from the other spouse for the time required to finalize the divorce. No-fault divorces under this Article are primarily for spouses who have not been living apart for the required waiting period (180 or 365 days). The Article allows for no-fault divorce for marital unions with or without minor children. The waiting period is 180 days if there is sexual or physical abuse or if there are no minor children and 365 days if there are minor children. On the other hand, Article 103 no-fault divorce is appropriate for spouses who are already living separately or apart, with or without minor children.

Generally, the acceptable grounds for a fault-based divorce in Louisiana include the following:

One spouse has committed adultery
One spouse has sexually or physically abused the other or their children during the marriage, whether charged with abuse or not
One spouse has been convicted of a felony and has been sentenced to imprisonment with hard labor or to death
A civil or criminal protective order was issued against one of the spouses to either protect the other spouse or the children

How to File for Divorce in Louisiana

One of the first things to consider before filing for a divorce in Louisiana is residency. At least one of both parties must be domiciled in the state, meaning they must have a state driver's license, file a tax return there, register their vehicle there, or be a registered voter in the state.

Both Article 102 and Article 103 divorces require a petition, although Article 103 divorce is usually faster, simpler, and cheaper. Depending on the type of divorce, below are the relevant court forms required to file for a divorce:

Article 102 Divorce (Spouses who are still living together)
- Petition Form for 102 Divorce Without Minor Children
- Petition Form for 102 Divorce With Minor Children
Article 103 Divorce (Spouses who have already lived separate and apart)
- Petition Form for 103 Divorce With Minor Children
- Petition Form for 103 Divorce Without Minor Children

How to File a 102 or 103 Divorce in Louisiana

Determine eligibility. At least one of the spouses must have lived in Louisiana for not less than six months before filing for divorce
File the appropriate petition form in a court in the parish where at least one of the spouses lives. There are associated fees which may vary by the parish. The petitioner can inquire about the fee from the local Clerk of Court
After filing, ensure that the petition for divorce is properly served on the other spouse. The petitioner can use the help of a private process server, sheriff's deputy, or certified mail to do the serving
Observe the requisite waiting period before the divorce is finalized
If all requirements are met after the waiting period without complications, approach the court to grant a divorce decree. The decree (divorce judgment) automatically ends the marriage once issued

How to File a Fault-Based Divorce in Louisiana

Determine residence eligibility for filing a petition for divorce
Determine and establish the legal grounds for a fault-based divorce
Collect and prepare the necessary documents, including evidence of legal grounds for a fault-based divorce
Prepare the divorce petition. The petition may be filed using a form recommended by the court or a custom-made document. Make at least two copies of this document
File the petition with the clerk of court in the parish where one of the spouses lives or where both parties last resided as a married entity
Serve the other spouse a copy of the petition
If the other spouse agrees with the petition, they will sign it and return the papers. This is an uncontested divorce. However, if they disagree with the petition, they will contest it in court
Appear in court for any necessary hearings, especially if there are contested issues
Once the court settles all the issues arising from the petition, the judge will grant the divorce and issue a divorce order

Louisiana Divorce Decree

Also called the final judgment of divorce, a divorce decree in Louisiana is a court document issued to divorcing couples after a judge makes a final ruling in a divorce case. It spells out details about the specific terms of divorce while also helping to enforce the court's final decisions regarding the case. A Louisiana divorce decree is legally binding. As a result, any spouse who fails or refuses to adhere to the terms of divorce may be held accountable under state law.

Typically, Louisiana divorce decrees are issued when there are no longer outstanding issues to sort in petitions presented before the court or remaining court dates. They essentially formalize the end of marital unions. In Louisiana, divorce decrees are maintained by the Clerk of Courts in the courts where such divorce cases are heard or finalized. While anyone may request copies of a Louisiana divorce decree from the Clerk of Court, only eligible individuals may obtain certified copies. Requesters should expect to pay certain fees.

The content of Louisiana divorce decrees may vary depending on the issues resolved and the peculiarity of the case. While some may only contain brief details, others may cover more comprehensive information. Information contained in a typical Louisiana divorce decree includes the following:

Identifying details of the parties involved in the case and their attorneys (names, birth dates, and addresses)
The name of the issuing judge
Case/docket number
Court information and contact address
The date the marriage officially ended
If applicable, a statement indicating a change of last name for one of the spouses

A Louisiana divorce decree may also cover comprehensive plans for legally binding orders, such as child custody, property division or allocation, spousal support, debt division, and other financial arrangements.

How to Find and Access Louisiana Divorce Records

There are multiple options for obtaining divorce records in Louisiana, as discussed below.

Online Access to Louisiana Divorce Records

The state has no central repository or database for divorce records. However, interested persons may be able to access case information of divorce proceedings online for courts that maintain them on their websites. Whatever information a person gathers from case information cannot suffice as divorce records. While some third-party sites that offer record search services may claim to have records of divorces finalized in Louisiana, it is unlikely that those records are accurate and, therefore, cannot be relied upon.

Offline Access to Louisiana Divorce Records

The principal way to access and obtain a Louisiana divorce record is through the Clerk of Court in the parish where the divorce was finalized. Hence, an interested party must identify the court where the final divorce judgment was issued to be able to submit their request, which may either be submitted in person or by mail. It is best to contact the Clerk of Court to ask about their preference, as the process may differ by parish.

A typical request to obtain a Louisiana divorce record from the Clerk of Court should specify, at a minimum, the names of parties involved in the divorce process, year/date of divorce, and case number [to help facilitate the search. The Clerk may require the requester to pay certain fees for search and copying, which will generally vary depending on the parish. Requesters should endeavor to verify the exact amount before making their requests.

While the Clerk of Court may issue informational copies of Louisiana divorce records to the general public upon request, only eligible persons may obtain certified copies of those documents. Besides the parties involved in the divorce, people who are closely related to both spouses are eligible to receive certified copies of divorce records. The Clerk of Court may request they provide proof of relationship to either spouse named in the divorce record.

References

Counties in Louisiana

List of Content

What are Divorce Records?
Are Divorce Records Public in Louisiana?
Divorce Stats and Rates in Louisiana
Grounds for Divorce in Louisiana
How to File for Divorce in Louisiana
How to Find and Access Louisiana Divorce Records
1. Online Access to Louisiana Divorce Records
2. Offline Access to Louisiana Divorce Records