Best Marriage Lawyers in Lafayette

About Marriage Law in Lafayette, United States

Marriage in Lafayette, United States generally refers to Lafayette Parish, Louisiana. Louisiana law governs the legal requirements for getting married, while local offices in Lafayette Parish handle the paperwork and record keeping. Louisiana recognizes both traditional marriages and an optional covenant marriage. To marry legally, couples must satisfy eligibility rules, obtain a marriage license, have a qualifying officiant perform the ceremony, and ensure the license is properly filed. The state does not recognize common law marriages created in Louisiana, and it applies a community property system to most assets and debts acquired during the marriage unless the spouses opt out by written agreement.

Why You May Need a Lawyer

Many couples can complete a straightforward marriage without legal help. However, a family law attorney can be valuable in the following situations:

- You want a prenuptial agreement to define property rights, support obligations, or business interests before the wedding.- You are considering a covenant marriage and want to understand its counseling requirements and stricter limits on divorce.- One or both spouses have children from prior relationships and you need to coordinate inheritance, custody expectations, or beneficiary designations.- There are immigration considerations, such as a fiancé visa, adjustment of status, or conditional residence issues.- You have complex assets, debts, or a family business and want tax and property planning tailored to Louisiana community property rules.- You are under 18 and need advice about age, consent, or court authorization requirements.- There are capacity, coercion, or fraud concerns that could impact the validity of the marriage or raise annulment issues.- You need protection from domestic violence or want to understand protective order options before or after marriage.- You need to correct or amend vital records or navigate name changes and identity document updates across agencies.

Local Laws Overview

Key Louisiana rules that apply in Lafayette Parish include:

- Marriage license - You must obtain a license from a Louisiana parish clerk of court, such as the Lafayette Parish Clerk of Court. You do not have to be a Louisiana resident, and a license from any parish is valid statewide.- Waiting period - Louisiana has a 24 hour waiting period between license issuance and the ceremony. A judge may waive this for good cause, such as military deployment or urgent circumstances.- License validity - A marriage license is generally valid for a limited period, commonly 30 days. If it expires before the ceremony, you must get a new license.- Age requirements - The minimum age to marry is 18. Marriage for 16 and 17 year olds is tightly restricted and requires court authorization and parental or guardian consent. Marriage under 16 is not allowed.- Identification and documents - Expect to show government photo ID, provide a certified birth certificate or acceptable alternative, and supply prior marriage information such as a final divorce judgment or death certificate if applicable. Requirements can vary by parish, so confirm with the Lafayette Parish Clerk of Court before applying.- Officiants - Louisiana allows judges, justices of the peace, and ordained or licensed clergy to officiate. Clergy must be registered with a Louisiana parish clerk before performing a ceremony.- Witnesses - Two competent witnesses are typically required to sign the marriage certificate at the ceremony.- Filing the license - The officiant must complete and return the license to the issuing clerk within the required time after the ceremony so the marriage is officially recorded.- Blood tests - No blood test is required in Louisiana.- Common law marriage - Louisiana does not create common law marriages, but it may recognize one that was validly created in another state.- Covenant marriage - Couples may choose a covenant marriage, which requires premarital counseling and limits divorce to specific grounds or longer separation periods.- Property regime - Louisiana is a community property state. Property and debts acquired during marriage are generally shared. Prenuptial agreements can opt out of community property, but must follow strict formality rules.- Name use - After marriage, either spouse may use the other spouse’s surname for identification and records. Update agencies like Social Security and the Office of Motor Vehicles using a certified marriage certificate.

Frequently Asked Questions

Where do we get a marriage license in Lafayette, United States?

Go to the Lafayette Parish Clerk of Court to apply. Any Louisiana parish clerk may issue a license that can be used anywhere in the state, but the license must be returned to the issuing clerk after the ceremony.

What documents should we bring to apply for a marriage license?

Bring government photo ID, certified birth certificates or acceptable alternatives, and proof of the end of any prior marriages such as a final divorce judgment or death certificate. If you were born outside the United States, bring a certified translation if your birth record is not in English. Requirements can vary, so confirm with the clerk in advance.

Is there a waiting period before we can marry?

Yes. Louisiana has a 24 hour waiting period from the time the license is issued to the time of the ceremony. A judge may grant a waiver for good cause.

How long is the license valid?

Licenses are generally valid for a short period, commonly 30 days. If it expires before you marry, you must obtain a new license.

Do we need witnesses?

Yes. Two witnesses are typically required to attend the ceremony and sign the marriage certificate.

Can minors get married in Lafayette, United States?

Marriage under age 16 is not permitted. For 16 and 17 year olds, marriage requires parental or guardian consent and a court’s authorization. These marriages are rare and tightly regulated.

Does Louisiana recognize same sex marriage?

Yes. Same sex marriage is legal statewide, and couples have the same rights and responsibilities as other married couples.

What is a covenant marriage, and should we consider it?

A covenant marriage is an optional form that requires premarital counseling and limits the grounds for divorce. It is a serious commitment that can make divorce more difficult. Speak with a family law attorney and your counselor before choosing this option.

We were previously married. Is there a waiting period to remarry?

Louisiana does not impose a general waiting period after divorce, but your prior divorce must be final. Bring a certified copy of the final divorce judgment when you apply for your new license.

Can we change our names after marriage?

Yes. Most people update their Social Security record and driver’s license using a certified marriage certificate. This is often treated as a name change for identification and record purposes. Some situations may require a court order, so consult a lawyer if you have unusual circumstances.

Does Louisiana allow proxy marriage?

No. Both parties must be present for the ceremony.

Will Louisiana recognize our common law marriage from another state?

Louisiana does not create common law marriages, but it may recognize a common law marriage that was validly established in another state.

Who can officiate our ceremony in Lafayette, United States?

Judges, justices of the peace, and ordained or licensed clergy can officiate. Clergy must register with a parish clerk before performing marriages in Louisiana.

What if we need our marriage recorded quickly?

Ask your officiant to return the completed license to the issuing clerk promptly. You can usually order certified copies from the clerk after it is recorded. Expedited options may be available for an additional fee.

Additional Resources

- Lafayette Parish Clerk of Court - Issues marriage licenses, records marriages, and provides certified copies.- 15th Judicial District Court - Handles family law matters for Lafayette Parish and neighboring parishes.- Louisiana Department of Health, Vital Records - Maintains statewide vital records and can provide certified copies of marriage records when eligible.- Louisiana State Bar Association - Offers lawyer referral and public information resources.- Acadiana Legal Service Corporation - Provides civil legal assistance to eligible low income individuals.- Local Justices of the Peace and officiants - Available to perform marriage ceremonies.- Louisiana notaries and family law attorneys - Can assist with prenuptial agreements and authentic acts.

Next Steps

- Decide on your preferred marriage type - traditional or covenant marriage - and the ceremony details.- Contact the Lafayette Parish Clerk of Court to confirm current license requirements, fees, acceptable identification, and office hours.- Gather documents such as photo ID, certified birth certificates, and any prior divorce or death records. If applicable, secure certified translations.- Schedule your license application with enough time to respect the 24 hour waiting period and the license validity window.- Select an officiant who is authorized to perform marriages in Louisiana and confirm witness availability.- If you need a prenup, immigration guidance, or have complex assets or family considerations, consult a Louisiana family law attorney before you marry.- After the ceremony, ensure the officiant files the license promptly. Order certified copies for name updates and records.- Update your identification, Social Security record, insurance, beneficiaries, and tax withholdings as needed.

This guide provides general information about marriage in Lafayette, United States and is not legal advice. For advice about your situation, consult a licensed Louisiana attorney or contact the Lafayette Parish Clerk of Court.