Are Divorce Records Available to the Public in Louisiana?
The state of Louisiana is a closed-records state. Consequently, court and vital records are available to eligible individuals rather than the general public. A divorce record, in the state, is only available to:
- The couple who obtained the divorce
- Siblings of the couple
- Parents of the couple
- Adult children of the couple
- Grandparents of the couple
- Legal representatives of the couple
Sealed divorce records are filed under seal, and access to these is further restricted. To seal divorce records, in the state of Louisiana, file a motion with the court requesting the records be sealed. Anyone filing a motion to seal divorce records is required to provide detailed reasons for the motion. A motion for the sealing of divorce records will not be automatically granted. The judge reviewing the motion must be convinced of the reasoning behind the request. Reasons which could lead to the granting of a motion to seal divorce records include:
- Information about minor children
- Domestic violence and abuse issues
- Sensitive business information
- Sensitive personal information
- False information that can create undue harm
It is advisable to request for specific parts of documents to be redacted (sealed) and not file a motion to have the entire record sealed, as such motions are rarely granted. A divorce record that has been sealed in the state of Louisiana is only available to the parties named on the record and their legal representatives.
Louisiana Divorce Records
A divorce record describes the superset of documents submitted and generated during a divorce proceeding. It is a complete case file of the entire process that resulted in the dissolution of the marriage. A divorce record will contain all the information in the divorce certificate and divorce decree, as well as details of every stage of a divorce case. In Louisiana, divorce records are retained by the Clerk of the Court in the parish where the divorce was granted.
Note: Generally, Louisiana courts and the government recognize three types of divorce documents: divorce certificates, divorce decrees, and divorce records. Divorce records are considered court records and can, therefore, be searched using official court resources and some third-party public record websites. Divorce records can offer personal information on minors, finances, and sensitive criminal information like domestic abuse.
How to Find Public Divorce Records Online
To search for a divorce record online in Louisiana, one may obtain such information through Government public record search portals and third-party public record websites. These tools both may provide court records search tools, which can help find divorce records, though record availability usually varies widely. Divorce records, in particular, may simply not be available through either source.
How to Obtain Louisiana Divorce Records?
Louisiana does not store divorce records in a central registry or database. Consequently, the only way to obtain a Louisiana divorce record is by sending a request to the Clerk of the Court of the parish where the divorce judgment was issued. Send a written request to the office of the clerk and pay the required fee to search for a divorce record in Louisiana, as well as process and send the requested number of copies. This fee is non-refundable regardless of whether the records are located or not. The total fee charged varies from parish to parish, and the exact amount should be verified beforehand by the court clerk’s office.
When sending the request to the Office of the Court Clerk, make sure to include the following information:
- Husband’s full name
- Wife’s full name (including maiden name)
- Parish where the divorce was filed
- Date of the divorce filing
- Date of final judgment
- Divorce case number
Louisiana divorce records will only be provided to a specific set of people. Therefore, anyone requesting a Louisiana divorce record is expected to provide official proof of relationship to either of the parties named on the record.
Understanding Louisiana Divorce Decrees
A divorce decree is a document issued by the court upon the conclusion of a divorce case. It is also known as divorce judgment. It details all the relevant information regarding the dissolution of the marriage and the settlement reached between both parties. The typical information contained in a divorce decree includes:
- Property and asset division
- Spousal and child support
- Child custody and visitation rights
- Debt responsibilities
A divorce decree will also include all the information contained in a divorce certificate. In Louisiana, all records about a divorce granted in the state are retained by the Clerk of the Court where the divorce was granted.
How to Obtain Louisiana Divorce Decrees?
In Louisiana, a copy of the divorce decree is issued when a final judgment is rendered by the court dissolving a marriage. Divorced individuals are eligible to receive copies of their divorce decree. These are usually sent to their attorneys.
A divorced individual who wishes to obtain copies of their divorce decrees at a later date may contact the Clerk of the Court in the parish where the judgment was issued. Louisiana courts will issue copies of divorce decrees to the individuals named on these records, their attorneys, and immediate family members. Typically, the Clerk of the Court requires a written request to be submitted, which must provide the following information:
- Names of the couple (who obtained the divorce)
- Parish where the divorce was filed
- The date the divorce was filed
- The date the divorce was finalized
- Court case number
Alternatively, visit the Office of the Clerk of the Court in the parish where the judgment was issued and file a request in person. The Clerk’s Office will charge a fee for copies of a Louisiana divorce decree requested. This amount varies by parish and is determined by the court which issued the judgment.
Understanding Louisiana Divorce Certificate
A divorce certificate is a state-issued vital document that recognizes that a formal marriage has been dissolved. Typically, it is an abstract of the complete final judgment rendered in a divorce case and contains information about the judgment issued. Information contained in a divorce certificate includes:
- Full names of both parties to the divorce
- Where the divorce was granted
- When the divorce was finalized
In Louisiana, all records about a divorce granted in the state are in the custody of the Clerk of the Court who granted the divorce.
Does Louisiana Recognize Common-Law Marriage
Common law marriages created in Louisiana are not recognized. Intending couples who wish to be married must take the legal steps of getting a marriage license or having a solemnization ceremony. That said, Louisiana's court system recognizes common-law marriages that have been validated in other states.
Still, couples with common-law marriages who wish to dissolve their marriage may experience difficulties with establishing the status of their relationship. This also affects the community property rights in Louisiana. Community property rights mean a spouse has the right to half of the income earned in a marriage, regardless of the contribution of the other spouse.
How to Get a Divorce in Louisiana
In Louisiana, one needs a divorce to end a legally valid marriage. The law makes provisions for certain fulfillments to sign a divorce agreement in Louisiana legally. Under the law, individuals can file an uncontested divorce if either of the parties involved has lived in Louisiana for at least six months.
Within the boundaries of the Louisiana marriage and divorce law, filing for divorce is typically based on separation for:
- 180 to 365 days if there are no minor children
- Period of two years if you have a signed covenant marriage
- In the case of domestic abuse, a felony conviction, or adultery, the law allows either party to file earlier.
In Louisiana, legal divorces are usually filed at the state district court for the parish where either party resides or where they last lived together. The state district court gives original divorce papers and calls for marriage dissolution when all due processes are fulfilled.
How to Find Out if Someone is Divorced in Louisiana
Publicly available divorce records are also managed and disseminated by some third-party aggregate sites. These sites are generally not limited by geographical record availability and may serve as a reliable jump-off point when researching specific or multiple records. However, third-party sites are not government-sponsored. As such, record availability may differ from official channels. The requesting party will be required to provide the following information to find a record using the search engines on third-party sites:
- The location of the record in question, including the city, county, or state where the case was filed.
- The name of someone involved, provided it is not a juvenile.
