Best Marriage Lawyers in Louisiana

About Marriage Law in Louisiana, United States

Marriage in Louisiana is recognized as a legal contract between two people that is regulated by state law. Louisiana is unique compared to other states due to its legal traditions derived from both civil law and common law. Getting married in Louisiana involves meeting specific requirements such as obtaining a marriage license, having an authorized officiant, and complying with age restrictions. Additionally, Louisiana is the only state that offers a "covenant marriage," which imposes stricter requirements for entry and dissolution. Understanding the legal framework of marriage in Louisiana can help couples ensure their marriage is legally valid and protect their rights.

Why You May Need a Lawyer

There are several situations where consulting with a lawyer is highly recommended when dealing with marriage in Louisiana. Some common reasons include:

• Drafting and reviewing prenuptial or postnuptial agreements
• Navigating the requirements and implications of a covenant marriage
• Handling issues involving parental consent for minors
• Determining legal capacity to marry, particularly concerning prior marriages or divorce status
• Addressing concerns about property rights or community property implications
• Seeking an annulment or obtaining a divorce, including covenant marriage dissolution
• Dealing with complex inheritance matters due to Louisiana's unique succession laws

Local Laws Overview

Louisiana marriage laws have several distinct features to be aware of:

• Marriage licenses are issued by the Clerk of Court in each parish and are valid for 30 days
• There is a 24-hour waiting period after obtaining the license before the marriage ceremony can take place, with some exceptions for military personnel
• Minimum legal age is 18, but individuals aged 16 or 17 may marry with parental consent and court approval
• Prohibited marriages include close relatives such as siblings and direct descendants
• Louisiana recognizes two types of marriage: standard and covenant. Covenant marriage requires premarital counseling and makes divorce more difficult
• Louisiana is a community property state, meaning assets acquired during marriage are generally considered jointly owned
• Same sex marriage is recognized, following federal law
• Common law marriage is not recognized in Louisiana

Frequently Asked Questions

What documents are needed to apply for a marriage license in Louisiana?

You need valid photo identification (such as a driver's license or passport), a certified copy of your birth certificate, and proof of divorce or death certificate if previously married.

Can I marry immediately after getting a marriage license?

No, there is a mandatory 24-hour waiting period after receiving your marriage license, unless waived by a judge under certain circumstances.

Is parental consent required for minors to marry?

Yes. Individuals aged 16 or 17 require written parental consent and the approval of a district judge. Anyone under 16 cannot legally marry in Louisiana.

What is covenant marriage?

Covenant marriage is a special type of marriage in Louisiana which requires premarital counseling and imposes limited grounds for divorce. Dissolving a covenant marriage is more challenging than a standard marriage.

Does Louisiana recognize common law marriage?

No, Louisiana does not recognize common law marriages, even if they were validly formed in another state.

Can same sex couples marry in Louisiana?

Yes. Following the Supreme Court decision in Obergefell v. Hodges, same sex marriage is fully recognized in Louisiana.

Where do I get a marriage license?

Marriage licenses are issued by the Clerk of Court in the parish where the ceremony will take place or where either party resides.

Do I have to be a Louisiana resident to get married here?

No. Non-residents can marry in Louisiana, but must apply for a marriage license in the parish where the ceremony will occur.

Is blood testing required for marriage in Louisiana?

No. Blood tests are no longer required to obtain a marriage license in Louisiana.

What are the legal effects of marriage on property ownership?

Louisiana is a community property state. Generally, property and assets acquired during marriage are considered jointly owned, unless otherwise specified in a prenuptial agreement.

Additional Resources

For more information or assistance regarding marriage in Louisiana, consider reaching out to:

• Louisiana Department of Health - Vital Records Registry
• The local Clerk of Court in your parish
• Louisiana State Bar Association
• Legal Aid organizations in your community
• Family law attorneys who specialize in Louisiana marriage law
• Local offices of the American Civil Liberties Union (ACLU) for questions on marriage rights

Next Steps

If you need legal assistance related to marriage in Louisiana, consider the following steps:

• Gather all relevant documents such as identification, birth certificates, divorce or death decrees, and any existing legal agreements
• Contact your local parish Clerk of Court for licensing requirements
• Consult with a qualified family law attorney licensed in Louisiana to discuss your situation and legal options
• Prepare a list of questions and concerns to discuss with your lawyer
• Access available resources for further guidance and support