Getting Married in Louisiana: Legal Guide for Couples
Louisiana has distinctive marriage laws influenced by its French and Spanish heritage, including a covenant marriage option and community property system. Couples must obtain a marriage license from any parish clerk of court, present identification, birth certificates, and observe the 72-hour waiting period before their ceremony.
Louisiana is the only state that follows a civil law system rather than common law, which significantly impacts marriage and property rights. Understanding these unique legal provisions before your wedding can prevent complications regarding asset ownership and potential divorce proceedings.
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Relevant Documents
Beneficiary Designation Forms
Documents that specify who receives assets from retirement accounts, life insurance policies, and other financial accounts upon your death.
Durable Power of Attorney
Authorizes someone to make financial and legal decisions on your behalf if you become incapacitated, ensuring your affairs can be managed without court intervention.
Healthcare Power of Attorney
Designates someone to make medical decisions for you if you're unable to do so, ensuring your healthcare preferences are respected.
Prenuptial Agreement
A contract entered into before marriage that establishes rights to property and financial support in case of divorce or death. This document can protect pre-marital assets and outline financial responsibilities during marriage.
Updated Will
A legal document that specifies how your assets should be distributed after death. Marriage typically invalidates previous wills in many jurisdictions, making it important to create a new one that includes your spouse.
Relevant Laws
Louisiana Civil Code Article 86 - Marriage Definition
Defines marriage in Louisiana as a legal relationship between a man and woman created by civil contract. This is the foundational law that establishes what constitutes a legal marriage in Louisiana.
Louisiana Civil Code Article 87 - Requirements for Marriage
Specifies that to be legally married in Louisiana, the parties must be capable of contracting, consent to be married, and participate in a marriage ceremony. This law outlines the basic requirements that must be met for a valid marriage.
Louisiana Civil Code Article 90 - Age Requirements
Sets the minimum age for marriage in Louisiana. Persons aged 16-17 require parental consent, while those under 16 require both parental consent and judicial authorization. This is relevant for couples where one or both parties are minors.
Louisiana Civil Code Article 91 - Marriage License Requirement
Requires couples to obtain a marriage license from a parish clerk of court before the ceremony. The license is valid for 30 days from issuance. This procedural requirement is essential for all couples planning to marry in Louisiana.
Louisiana Civil Code Article 94 - Covenant Marriage Option
Provides couples the option to enter into a covenant marriage, which has stricter requirements for divorce. This alternative form of marriage requires premarital counseling and limits grounds for divorce, offering couples a more binding marital commitment.
Louisiana Civil Code Article 2325-2337 - Matrimonial Regimes
Establishes Louisiana's community property system, where assets acquired during marriage are generally considered jointly owned. Couples can opt out by creating a prenuptial agreement. This significantly affects property rights during marriage and in case of divorce.
Louisiana Revised Statutes 9:224 - Marriage License Application
Details the requirements for marriage license applications, including the 72-hour waiting period between application and ceremony (with exceptions). This timing requirement is important for couples planning their wedding timeline.
Louisiana Revised Statutes 9:273 - Covenant Marriage Requirements
Outlines specific requirements for covenant marriages, including mandatory premarital counseling and a declaration of intent. This provides important information for couples considering this more binding form of marriage.
Regional Variances
Parish-Specific Marriage Requirements in Louisiana
Orleans Parish has unique marriage license procedures. The marriage license must be obtained from the Orleans Parish Marriage License Office rather than the clerk of court. There is a 72-hour waiting period after obtaining the license before the ceremony can take place, but this can be waived by a judge. Orleans Parish also requires both parties to appear in person when applying for the license.
Jefferson Parish requires couples to apply for marriage licenses at the Jefferson Parish Clerk of Court. The standard 72-hour waiting period applies, but the parish may have specific documentation requirements. Both applicants must appear in person with valid identification, and certified copies of birth certificates are typically required.
In East Baton Rouge Parish, marriage licenses are issued by the Clerk of Court. The parish strictly enforces the requirement for certified copies of birth certificates and may have additional documentation requirements for divorced individuals. The standard 72-hour waiting period applies unless waived by court order.
Lafayette Parish issues marriage licenses through the Clerk of Court office. The parish requires proof of divorce (if applicable) with the full divorce decree, not just the judgment. Both parties must appear together with proper identification, and there is a 72-hour waiting period after obtaining the license before the ceremony can be performed.
Caddo Parish has specific requirements for marriage license applications, including certified birth certificates and, if applicable, divorce decrees showing the date the divorce was finalized. There is a mandatory 72-hour waiting period after obtaining the license. The parish may also have specific requirements for minors seeking to marry with parental consent.
Covenant Marriage Options in Louisiana
Louisiana is one of only three states that offers covenant marriage, which is a legally distinct type of marriage with stricter requirements for both entering and dissolving the marriage. Couples must undergo premarital counseling and agree to seek marital counseling if problems develop. Divorce is only granted in covenant marriages under limited circumstances such as abuse, abandonment, adultery, imprisonment for a felony, or after a lengthy separation period.
Marriage Age Requirements
Louisiana law sets the minimum age for marriage at 16. Individuals aged 16-17 require both parental consent and judicial approval. The judge must interview the minor and may require evidence that the marriage is in the minor's best interest. This is stricter than some other states that may allow marriage at younger ages with parental consent.
Suggested Compliance Checklist
Research Louisiana Marriage Requirements
90 days days after startingBefore getting married in Louisiana, research the state's specific requirements. Louisiana has unique marriage laws based on its civil law tradition. Understand the age requirements (18 without parental consent), waiting periods, and documentation needed.
Apply for Marriage License
30 days days after startingBoth parties must appear in person at any parish clerk of court office in Louisiana. Bring valid photo ID, certified copies of birth certificates, and social security numbers. If previously married, bring divorce decree or death certificate. The license fee varies by parish (typically $25-$35). There is a 72-hour waiting period after obtaining the license before the ceremony can take place, unless waived by a judge.
Consider a Covenant Marriage
60 days days after startingLouisiana offers a 'covenant marriage' option which has stricter requirements for divorce. Research if this type of marriage aligns with your values and discuss with your partner. This is optional but requires specific counseling and a declaration of intent if chosen.
Draft a Prenuptial Agreement
60 days days after startingLouisiana is a community property state, meaning assets acquired during marriage are generally split 50/50 upon divorce. Consider drafting a prenuptial agreement to address property division, spousal support, and other financial matters. For the agreement to be valid, both parties should have independent legal counsel, full financial disclosure, and sign voluntarily well before the wedding date.
Update or Create a Will
45 days days after startingMarriage changes your legal status and may affect inheritance. In Louisiana, if you die without a will, your spouse may not automatically inherit everything due to forced heirship laws that protect children's inheritance rights. Create or update your will to ensure your assets are distributed according to your wishes.
Create Healthcare Power of Attorney
45 days days after startingDesignate your spouse or another trusted person to make medical decisions on your behalf if you become incapacitated. In Louisiana, this document is sometimes called an advance healthcare directive. Ensure it complies with Louisiana law and clearly states your healthcare preferences.
Create Durable Power of Attorney
45 days days after startingThis document allows your designated agent (typically your spouse) to handle financial and legal matters if you become incapacitated. In Louisiana, powers of attorney must be very specific about the powers granted and should be notarized. Consider including provisions for community property management.
Update Beneficiary Designations
30 days days after startingReview and update beneficiary designations on life insurance policies, retirement accounts, investment accounts, and other financial assets. In Louisiana, these designations generally override will provisions, so it's crucial they reflect your current wishes.
Apply for Name Change (if applicable)
14 days days after startingIf either spouse plans to change their name after marriage, understand the process in Louisiana. Bring your certified marriage license to update your name with the Social Security Administration first, then update your driver's license at the Louisiana OMV, and finally update other documents and accounts.
Establish Joint Financial Accounts (if desired)
14 days days after startingDecide whether to maintain separate accounts or establish joint accounts. In Louisiana's community property system, income earned during marriage is generally considered community property regardless of whose name is on the account, but keeping separate accounts may help track separate property.
Update Health Insurance Coverage
30 days days after startingMarriage is a qualifying life event that allows you to add your spouse to your health insurance outside of open enrollment periods. Contact your insurance provider to understand the process and deadlines, which typically require action within 30-60 days of marriage.
Update Tax Filing Status
90 days days after startingUnderstand how marriage will affect your tax situation. Louisiana follows federal guidelines for income tax filing status (married filing jointly or separately). Consult with a tax professional to determine the most advantageous filing status based on your specific financial situation.
Review Property Ownership Documents
60 days days after startingIf either spouse owns real estate or other significant assets, review how they're titled. In Louisiana's community property system, property owned before marriage generally remains separate property, but may need proper documentation to maintain that status. Consider updating deeds or other ownership documents if appropriate.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Research Louisiana Marriage Requirements | Before getting married in Louisiana, research the state's specific requirements. Louisiana has unique marriage laws based on its civil law tradition. Understand the age requirements (18 without parental consent), waiting periods, and documentation needed. | - | 90 days |
| Apply for Marriage License | Both parties must appear in person at any parish clerk of court office in Louisiana. Bring valid photo ID, certified copies of birth certificates, and social security numbers. If previously married, bring divorce decree or death certificate. The license fee varies by parish (typically $25-$35). There is a 72-hour waiting period after obtaining the license before the ceremony can take place, unless waived by a judge. | Marriage License Application | 30 days |
| Consider a Covenant Marriage | Louisiana offers a 'covenant marriage' option which has stricter requirements for divorce. Research if this type of marriage aligns with your values and discuss with your partner. This is optional but requires specific counseling and a declaration of intent if chosen. | - | 60 days |
| Draft a Prenuptial Agreement | Louisiana is a community property state, meaning assets acquired during marriage are generally split 50/50 upon divorce. Consider drafting a prenuptial agreement to address property division, spousal support, and other financial matters. For the agreement to be valid, both parties should have independent legal counsel, full financial disclosure, and sign voluntarily well before the wedding date. | Prenuptial Agreement | 60 days |
| Update or Create a Will | Marriage changes your legal status and may affect inheritance. In Louisiana, if you die without a will, your spouse may not automatically inherit everything due to forced heirship laws that protect children's inheritance rights. Create or update your will to ensure your assets are distributed according to your wishes. | Updated Will | 45 days |
| Create Healthcare Power of Attorney | Designate your spouse or another trusted person to make medical decisions on your behalf if you become incapacitated. In Louisiana, this document is sometimes called an advance healthcare directive. Ensure it complies with Louisiana law and clearly states your healthcare preferences. | Healthcare Power of Attorney | 45 days |
| Create Durable Power of Attorney | This document allows your designated agent (typically your spouse) to handle financial and legal matters if you become incapacitated. In Louisiana, powers of attorney must be very specific about the powers granted and should be notarized. Consider including provisions for community property management. | Durable Power of Attorney | 45 days |
| Update Beneficiary Designations | Review and update beneficiary designations on life insurance policies, retirement accounts, investment accounts, and other financial assets. In Louisiana, these designations generally override will provisions, so it's crucial they reflect your current wishes. | Beneficiary Designation Forms | 30 days |
| Apply for Name Change (if applicable) | If either spouse plans to change their name after marriage, understand the process in Louisiana. Bring your certified marriage license to update your name with the Social Security Administration first, then update your driver's license at the Louisiana OMV, and finally update other documents and accounts. | Name Change Application | 14 days |
| Establish Joint Financial Accounts (if desired) | Decide whether to maintain separate accounts or establish joint accounts. In Louisiana's community property system, income earned during marriage is generally considered community property regardless of whose name is on the account, but keeping separate accounts may help track separate property. | Joint Bank Account Application | 14 days |
| Update Health Insurance Coverage | Marriage is a qualifying life event that allows you to add your spouse to your health insurance outside of open enrollment periods. Contact your insurance provider to understand the process and deadlines, which typically require action within 30-60 days of marriage. | Health Insurance Coverage Change Form | 30 days |
| Update Tax Filing Status | Understand how marriage will affect your tax situation. Louisiana follows federal guidelines for income tax filing status (married filing jointly or separately). Consult with a tax professional to determine the most advantageous filing status based on your specific financial situation. | - | 90 days |
| Review Property Ownership Documents | If either spouse owns real estate or other significant assets, review how they're titled. In Louisiana's community property system, property owned before marriage generally remains separate property, but may need proper documentation to maintain that status. Consider updating deeds or other ownership documents if appropriate. | - | 60 days |
Frequently Asked Questions
Yes, Louisiana is a community property state. This means that most assets and debts acquired during the marriage are considered to be owned equally by both spouses, regardless of who earned the money or whose name is on the title. Understanding community property laws is important when planning your marriage in Louisiana.
Yes, you need a marriage license to legally marry in Louisiana. Both parties must appear together at the clerk of court's office in any parish to apply. You'll need to bring identification (such as a driver's license, birth certificate, or passport), Social Security numbers, and pay a fee that varies by parish (typically $25-$35). There is a 72-hour waiting period after receiving your license before you can marry, unless you obtain a waiver.
No, Louisiana does not recognize common law marriage. Regardless of how long you live together, you will not be considered legally married in Louisiana without obtaining a marriage license and having your marriage solemnized according to law.
Louisiana offers couples the option of a covenant marriage, which is a legally distinct type of marriage that makes divorce more difficult. Couples who choose a covenant marriage must undergo premarital counseling, and can only divorce under specific circumstances such as abuse, abandonment, adultery, imprisonment for a felony, or after a lengthy separation. This is a voluntary option that requires specific declaration at the time of applying for a marriage license.
While not required, a prenuptial agreement (called a 'matrimonial agreement' in Louisiana) can be beneficial, especially if you want to opt out of Louisiana's community property laws or have significant assets before marriage. These agreements must be executed before marriage and require specific formalities to be valid, including being in writing and signed by both parties. It's advisable to have separate attorneys review the agreement.
Yes, you can keep your maiden name after marriage in Louisiana. You are not legally required to change your name when you marry. If you do wish to take your spouse's name, you'll use your marriage certificate as proof to update your identification documents like your Social Security card, driver's license, and passport.
In Louisiana, the minimum age to marry is 16 with parental consent. Anyone under 16 cannot legally marry, even with parental consent. For those who are 16 or 17, both parents' or legal guardians' consent is required, and there may be additional requirements such as judicial approval depending on the circumstances.
Property acquired before marriage is considered separate property in Louisiana and generally remains the sole property of the original owner after marriage. However, it's important to maintain clear records and avoid commingling separate property with community property, as this can sometimes convert separate property to community property.
In Louisiana, weddings can be officiated by judges, justices of the peace, ministers, priests, rabbis, and other ordained clergy who are registered with the state. Louisiana also allows certain public officials like mayors to perform marriages. The officiant must be registered with the clerk of court in the parish where the ceremony will take place.
If you marry in Louisiana but later move to another state, your marriage will still be recognized in all other states. However, property rights and divorce proceedings would typically be governed by the laws of the state where you reside when those issues arise, not necessarily by Louisiana law. This can result in different property division rules if you divorce in a non-community property state.