What Is a No-Fault Divorce, When Did It Start and Why It Can Be Bad
Table of Contents
- Louisiana Divorce Records
- What Are the Residency Requirements for Divorce in Louisiana?
- What Are the Grounds for Divorce in Louisiana?
- How Much Does It Cost to File for Divorce in Louisiana?
- How Long Is the Waiting Period for Divorce in Louisiana?
- How To File for Divorce in Louisiana?
- Are Divorce Records Public in Louisiana?
- How To Get Certified Copies of a Divorce Decree in Louisiana?
- Divorce Settlement: Is Louisiana a 50/50 State?
- FAQs about the Divorce Process in Louisiana
Louisiana Divorce Records
According to statistics from the Center for Disease and Prevention (CDC), Louisiana has had one of the lowest divorce rates in the United States in recent years. In 2022, the state recorded 0.7 divorces per 1,000 people, the lowest in the country.
Divorce records may be categorized into three main types in Louisiana:
- Divorce Certificate: This is a summary document that includes basic information such as the names of both parties and the date and place of the divorce. Divorce certificates are filed with the Louisiana Department of Health's Vital Records Registry.
- Divorce Decree: A comprehensive legal document issued by the court that details the terms and conditions of the divorce, including property division, child custody arrangements, alimony, and other agreements or orders. Divorce decrees are maintained by the clerk of court in the parish where the divorce was granted.
- Divorce Case Files: These are files that contain all documents, filings, and proceedings related to the divorce case. This record provides a complete history of the case, including motions, hearings, and judgments. Divorce records are stored by the clerk of court in the respective parish.
What Are the Residency Requirements for Divorce in Louisiana?
Per state law, in order to file for divorce in Louisiana, at least one of the spouses must have been a resident in the State of Louisiana for a minimum of six months before filing for divorce.
What Are the Grounds for Divorce in Louisiana?
Louisiana allows residents to file for divorce on no-fault or fault-based grounds. When a marriage is to be dissolved on no-fault grounds, one of the spouses only needs to state that irreconcilable differences exist between them and the other party in the marriage. However, if a marriage is to be dissolved on fault-based grounds, acceptable grounds that may be cited include:
- Adultery
- The other spouse committed a felony and was sentenced to imprisonment with hard labor or death
- The other spouse sexually or physically abused the petitioning spouse or their child or stepchild during the marriage
- A protective order or injunction was issued during your marriage against your spouse to protect you, your child, or your stepchild from abuse
How Much Does It Cost to File for Divorce in Louisiana?
The cost of finalizing a divorce in Louisiana depends on various factors, such as whether you hire an attorney, the complexity of your case, and whether the divorce is contested or uncontested. If you and your spouse can agree on all terms, an uncontested divorce is generally more affordable than a contested one.
The filing fee for a divorce in Louisiana averages around $400, however, this may vary by parish. Additional expenses may include fees for serving divorce papers, mediation, or legal representation.
Overall, the average cost of finalizing a divorce in Louisiana without children is about $12,600, while finalizing a divorce with children costs $18,900 on average. Contrasting with the national average, it costs between $15,000 and $20,000 to finalize a divorce in the United States. In neighboring Mississippi and Texas, it costs about $10,200 and $12,800 on average to finalize the divorce.
How Long Is the Waiting Period for Divorce in Louisiana?
The separation period for finalizing a divorce in Louisiana depends on whether the couple has minor children and whether the grounds for divorce are fault-based or no-fault. Note that a waiting period is not the same as a separation period. A waiting period is the minimum time that must pass after filing for divorce before the court can finalize it, while a separation period is the amount of time spouses must live apart before filing or finalizing a divorce.
In a no-fault divorce, for couples without minor children, there is a 180-day requirement of living separate and apart before a divorce may be finalized. If couples have minor children, the separation period is 365 days. There is no waiting or separation period requirement for divorces based on fault grounds.
How To File for Divorce in Louisiana?
If you meet the residency requirement for divorce in Louisiana, you may file for divorce in the following way:
- Preparing the necessary documents: You will need to complete a Petition for Divorce, which initiates the legal process. Additional forms may include a Summons, an Affidavit of Verification, and Custody or Support Worksheets if children are involved.
- File the petition: Once your paperwork is complete, you must file the petition with the clerk of court in the Louisiana parish where either spouse resides.
- Serve your spouse: After filing, you must ensure the other spouse is notified by serving the divorce papers. Proof of service may be filed with the court.
- Response to the petition: The other spouse has 15 days to respond to the petition (30 days if served outside Louisiana). If they fail to respond, the court may issue a default judgment in favor of the petitioner. If a response is filed, the case will move forward with further proceedings.
- Temporary orders: During the divorce process, either party may request temporary orders for matters such as child custody, spousal support, or property use. These orders remain in effect until the divorce is finalized.
- Judgment: Finally, after fulfilling all legal requirements, including any mandatory separation periods, the court schedules a hearing to finalize the divorce. The judge reviews the case and issues a Judgment of Divorce, legally ending the marriage.
Note that in an uncontested divorce, both parties agree on all terms, such as custody, support, and property division. The judge may approve the agreement without a trial. In a contested divorce, unresolved disputes require mediation or a court trial, where a judge decides the terms.
Are Divorce Records Public in Louisiana?
In Louisiana, divorce records are generally considered public records, meaning they can be accessed by anyone upon request. This openness is supported by the Louisiana Public Records Law, which presumes that documents filed with public agencies, including courts, are accessible to the public.
However, not all details within divorce records are publicly accessible. Certain sensitive information may be sealed or redacted to protect the privacy of the individuals involved. For instance, details like financial details and information about minors may be restricted from public view.
How To Get Certified Copies of a Divorce Decree in Louisiana?
Divorce decrees are available at the court in the parish where the divorce occurred. Hence, to obtain certified copies of divorce decrees contact the clerk of the court in the parish where the divorce was finalized.
Fees for certified copies vary by parish but typically range from $5 to $15 per copy, with additional costs for mailing or expedited processing. You will be required to provide information such as the full names of both divorcing parties at the time of the divorce, and the date or approximate date of divorce.
Note that a divorce certificate is not the same as a divorce decree. Divorce certificates may be obtained from the Louisiana Department of Health, Vital Records Office.
Divorce Settlement: Is Louisiana a 50/50 State?
Per property division in divorce settlement, Louisiana is a 50/50 state and therefore a community property state. Hence, marital property is divided equally between spouses in a divorce. A community property state is one where all property and debt acquired in the marriage are considered jointly owned and shared equally upon divorce. In equitable distribution states, marital property is divided in a way deemed fair by the court, but not necessarily equal.
Key factors considered by the courts in equitable distribution states include the length of marriage, earning capacities, and contributions to the marriage.
Although Louisiana follows community property laws, the court may deviate from the 50/50 division rule if:
- The parties agree to a different division in a prenuptial agreement or during divorce proceedings.
- One spouse is able to prove that certain assets should remain separate due to improper commingling or fraud.
FAQs about the Divorce Process in Louisiana
Here are answers to frequently asked questions about the divorce process in Louisiana.
How Do I Modify a Divorce Decree in Louisiana?
To modify a divorce decree in Louisiana, you must file a motion demonstrating a material change in circumstances. The judge will likely issue an order to modify a divorce decree if you are able, there is a significant change in circumstances or other reasons that make a modification justified.
How Do I Enforce a Divorce Decree in Louisiana?
Enforcing a divorce decree in Louisiana requires legal action when one party fails to meet the obligations outlined in the court's final judgment. This may include non-payment of child or spousal support, violations of custody or visitation arrangements, or refusal to comply with property division orders. You will need to document the violation, such as missed payments, denied visitation, or failure to transfer assets, as evidence for the court.
To initiate enforcement of a Louisiana divorce decree, the affected party files a Motion for Contempt in the court that issued the original decree. The non-compliant party is then served with the motion and a summons. Both parties must attend a hearing, where they may defend their actions.
If the court finds the party in contempt, it may order remedies such as immediate compliance, fines, wage garnishment, or suspension of licenses. In extreme cases, the court may impose jail time for persistent non-compliance.
In cases where non-compliance results from genuine financial hardship, the court may consider a request for modification instead of punitive enforcement.
What Are the Restrictions to a Divorce Decree in Louisiana?
Civil Code Articles 134 and 112 provide guidelines for modifying child custody, child support, and spousal support. According to these rules, where modifications may be in the best interest of the child or there are material changes in the circumstances affecting the welfare of the child, a party may file for a modification of child custody, visitation, and support. Also, spousal support may be modified if there are significant life changes in the income or financial needs of either party.
However, property and debt division arrangements are final and non-modifiable upon the issuance of the final divorce decree. Exceptions are rare and may exist in cases where a party failed to disclose assets during the original proceedings.
Can I Efile My Divorce in Louisiana?
Yes, you may e-file your divorce papers in Louisiana using the state courts' e-filing resource. Using the resource is optional and not mandatory. That is, parties may choose between submitting their documents electronically or filing them in person at the clerk of court's office.
How Do You Serve Divorce Papers in Louisiana?
Divorce papers may be served using a process server, sheriff's deputy, certified mail, or an individual aged 18 or older who is not connected in any way to the divorce case. When the certified mail option is used, a return receipt must be requested, and signed by the recipient.
If these options are not feasible, you may request permission from the court to serve the papers by publication. This involves publishing a notice of the divorce in a newspaper with wide circulation in the parish where the divorce is filed. The notice must run for three weeks, and proof of publication must be submitted to the court.
Does Louisiana Mandate Couples to Participate in Divorce Mediation or Counselling?
There is no Louisiana that mandates mediation or counseling in all divorce cases in the state. However, many courts in the state make mediation services available and encourage it for the resolution of family law disputes.
How Do I Seal My Divorce Records in Louisiana?
If you have sufficient reason or evidence to convince the court that the public disclosure of your divorce records will be harmful, you may be able to get your records sealed. However, the process is not automatic. You must file a motion to seal with the court detailing why the entire record or specific parts should be sealed. Note that while it is possible to have the entire divorce record sealed, it is more common and less challenging to have sections of the record sealed.
If you are able to demonstrate good cause and the judge believes that the need for privacy outweighs the public's right of access to the record, a sealing order will be issued. Sealed portions of divorce records generally include financial information, domestic abuse information, information relating to minors, and medical or mental health records.
When divorce records are sealed, they are typically only accessible to the divorced parties, their legal representatives, and authorized persons with a court order.
How Does Louisiana Calculate Alimony?
Louisiana does not use a set formula for calculating alimony in the state. Courts are allowed to consider several factors when setting the duration and amount of alimony in the state. However, the amount set will not exceed a third of the payer's net income. Per, Louisiana Civil Code Article 112, The factors considered by Louisiana courts in determining the alimony include:
- Income and Assets
- Financial Obligations
- Earning Capacities of the Spouses
- How childcare responsibilities affect the earning potential of the custodial parent
- The physical and emotional health, as well as the ages of both spouses.
- Length of Marriage
- The tax consequences for either or both parties result from the support arrangement.
- Domestic Abuse
Spousal support may be modified or terminated if significant changes occur in either party's circumstances. Common reasons include:
- A substantial change in income for either spouse
- Remarriage or cohabitation of the receiving spouse
- Retirement of the paying spouse
How Do I Access Historic Divorce Records in Louisiana?
You may access historic Louisiana divorce records from the clerk of the court in the parish where the divorce was granted. If you cannot find the record there, you may contact the Louisiana State Archives. Louisiana divorce records may be requested for several reasons, including genealogical research, and legal, financial, and personal documentation purposes.
