Louisiana Divorce: What You Need to Know

The legal process that formally ends a marriage is called a divorce or, more officially, a dissolution of marriage. Divorces in Louisiana are filed in the District Court of the parish where either spouse resides. The rules governing divorce vary from state to state, but Louisiana is unique in that its laws are based on the civil law tradition rather than common law, and this influences how divorces are handled. Understanding how divorce works in Louisiana involves knowing residency requirements, waiting periods, types of divorce, the court process, parish-level filing details, and how to search for divorce records.

How Does Divorce Work in Louisiana?

In Louisiana, one spouse must have resided in the state for a minimum of six months prior to filing for divorce. The divorce filings must be made at the District Court of the parish where either spouse resides.

Both fault-based and no-fault divorces are permitted under Louisiana law. Before the court awards a no-fault divorce, the couple must live apart for a predetermined amount of time. If the couple does not have any children who are considered minors, the separation time is normally 180 days; if they do, it is 365 days.

One spouse may file for an immediate divorce under a fault-based divorce by providing evidence of physical or sexual abuse, infidelity, or a felony conviction. Since no separation term is needed for this type of divorce, they can be issued more swiftly.

Whether the divorce is disputed or not determines the overall timeline. Due to separation rules, an uncontested no-fault divorce could take several months, but a contested divorce with disagreements over support, custody, or property could take considerably longer.

Types of Divorce in Louisiana

Louisiana law provides several options for divorce:

• Uncontested divorce: Both spouses agree on all terms. These cases are faster, particularly if filed after the required separation period.
• Contested divorce: Disagreements exist on property, custody, or financial issues, requiring hearings or a trial.
• No-fault divorce: Requires living separate and apart for 180 or 365 days, depending on whether the couple has minor children.
• Fault-based divorce: May be granted more quickly if grounds such as adultery or abuse are proven.
• Covenant marriage divorce: Louisiana is one of the few states that recognizes covenant marriage, a special type of marriage with stricter rules. To divorce in a covenant marriage, fault grounds such as adultery, abuse, or abandonment must be proven, or the spouses must live apart for two years.
• Legal separation: Louisiana allows judicial separation for couples in covenant marriages, which does not dissolve the marriage but sets terms for custody, property, and support.

Louisiana Divorce Court Process and Forms

Divorve filings are typically made in the District Court of the parish where one of the spouses resides. When one spouse—the petitioner—files a Petition for Divorce, the procedure starts.

Other required forms may include:

• Verified Petition for Divorce
• Affidavit of Separation (for no-fault divorces)
• Financial affidavits
• Parenting Plan (if children are involved)

The divorce papers must be served to the other spouse, known as the defendant, by certified mail, process server, or sheriff. Subsequently, the defendant has either 15 or 30 days to reply, depending on whether it was served in Louisiana or out of the state.

Both spouses must also make financial disclosures of income, assets, debts, and expenses. Parents may be obliged to attend a Parenting Education Class if there are minor children involved.

Judges frequently mandate mediation in contested divorce cases to assist in resolving custody disputes. The case moves forward to hearings and even a trial if agreements cannot be made.

When a judge signs the Judgment of Divorce, which formally dissolves the marriage and lays out the court's rulings regarding custody, property, child support, and alimony, the divorce is finalized.

City- and Parish-Level Filing Details

Divorce proceedings may differ slightly from parish to parish. Here are details for some of the largest parishes in Louisiana:

• Orleans Parish (New Orleans):
  • Courthouse: The District Court in Orleans Parish, known as the Orleans Parish Civil District Court is located in 421 Loyola Avenue, New Orleans, LA 70112.
  • Services: This court offers self-help forms online; the District Court also handles covenant marriage.
• East Baton Rouge Parish (Baton Rouge):
  • Courthouse: Known as the 19th Judicial District Court, the district court in East Baton Rouge Parish is located at 300 North Boulevard, Baton Rouge, LA 70801.
  • Services: You can get forms and instructions through the clerk’s office; the court requires mediation in many custody disputes.
• Jefferson Parish (Gretna/Metairie):
  • Courthouse: The 24th Judicial District Court can be found in Gretna, specifically, it is located at 200 Derbigny Street, Gretna, LA 70053.
  • Services: You may find forms from the clerk’s office; the court in Jefferson Parish requires parenting classes when children are involved.
• Caddo Parish (Shreveport):
  • Courthouse: The Caddo Parish Courthouse can be found at 501 Texas Street, Shreveport, LA 71101.
  • Services: The Clerk of Caddo Parish Courthouse provides filing instructions; the court also provides mediation, especially in contested cases.
• Lafayette Parish (Lafayette):
  • Courthouse: The district court in Lafayette Parish is known as the 15th Judicial District Court and is located at 800 South Buchanan Street, Lafayette, LA 70501.
  • Services: The Lafayette Parish court offers self-help forms and tools; the court requires parenting education in custody cases.

Each parish may have slightly different local procedures, so it’s best to check with the District Court clerk where you plan to file.

How to Search for Divorce Records in Louisiana

In Louisiana, divorce documents are typically made public, although information regarding minor children, financial accounts, and Social Security numbers is typically blotted out. The Clerk of Court in the parish where the divorce was finalized is responsible for keeping records.

Ways to access records include:

• At the courthouse: Certified copies of divorce decrees and case files can be requested from the parish clerk of court for a fee.
• Online: Some parish clerks provide online access to case information, though availability varies. Louisiana does not have a single statewide divorce record portal.
• Vital records: The Louisiana Vital Records Registry does not issue divorce certificates. Only parish clerks of court provide official divorce judgments.
• Third-party services: Private websites may provide record searches, but only the Clerk of Court can issue certified documents.

Information found in divorce records may include the names of the spouses, the date and parish of the divorce, the case number, and the conditions of support, alimony, custody, and property partition. The formal record attesting to the legal dissolution of the marriage is the Divorce Judgment.

Key Points

• Divorce in Louisiana is filed in the District Court of the parish where either spouse lives.
• One spouse must live in Louisiana for at least six months before filing.
• Louisiana recognizes both no-fault and fault-based divorces.
• Separation requirements are 180 days without children or 365 days with children, unless fault grounds are proven.
• Louisiana also recognizes covenant marriages, which have stricter divorce rules.
• Parents may be required to attend a parenting class, and mediation is common in custody disputes.
• Divorce records are maintained by parish clerks of court and are public, though some information is redacted.