Marriage Law

MARRIAGE LAW - LOUISIANA

The marriage law in Louisiana is governed by Louisiana Revised Statute 9, Code Title IV - Husband and Wife.

MARRIAGE LICENSE

Authority to issue marriage license

A license authorizing an officiant to perform a marriage ceremony must be issued by:

• The state registrar of vital records, or a judge of the city court, in the Parish of Orleans;
• The clerk of court, in any other parish; or
• A district judge, if the clerk of court is a party to the marriage.

License Requirements

In most circumstances the persons wishing to marry may apply for a marriage license at any Louisiana county clerk office where they are wishing to get married. These offices are usually located in the county probate court or circuit court .

An application for a marriage license must include:

1. The date and hour of the application.
2. The full name, residence, race, and age of each party.
3. The names of the parents of each party.
4. The number of former marriages of each party, and whether divorced or not.
5. The relationship of each party to the other.
6. Each party's social security number or a statement by the applicable party that no social security number has been issued to him. The state registrar of vital records and the officiant shall maintain confidentiality of social security numbers.
7. The applicant must verify the information to the issuing official by affidavit.

•  In cases wherein the parties intend to contract a covenant marriage, the application for a marriage license must also include the following statement completed by at least one of the two parties:

"We, [name of intended husband] and [name of intended wife], do hereby declare our intent to contract a Covenant Marriage and, accordingly, have executed a declaration of intent attached hereto."

The failure of the application to contain the signatures of both parties shall not affect the validity of the covenant marriage if the declaration of intent and accompanying affidavit have been signed by the parties.

COST OF LICENSE

The marriage license fee is $25.00 dollars. Accepted forms of payment are cash. Marriage license fees may vary from county to county.

WAITING PERIOD

However there is no waiting period for obtaining the marriage license but there is a mandatory 3 days waiting period to perform the marriage cermony.

AGE REQUIREMENT

One must be 18 years old or older to marry without parental consent. A birth certificate may be necessary to show proof of age.

If either partner is under 18, parents or legal guardians must be present. If a parent can not be present, due to death, separation, divorce or other circumstances, proper evidence must be presented for verification. Such person will need a certified copy of the birth certificate. If the person is under 16 he/she cannot marry without a court order.

VALIDITY OF LICENSE

Once the license is issued to the parties wishing to marry they shall get married within 30 days from the date it is issued.

If previously married, the date of divorce or date of spouse's death must be provided. A certified copy of the divorce decree or death certificate must be given alongwith the application.

AUTHORITY TO PERFORM MARRIAGE CEREMONY

A marriage ceremony may be performed by:

• A priest, minister, rabbi, clerk of the Religious Society of Friends, or any clergyman of any religious sect, who is authorized by the authorities of his religion to perform marriages, and who is registered to perform marriages;
  A state judge or justice of the peace.

Officiant other than judge

An officiant, other than a judge or justice of the peace, may perform marriage ceremonies only after he registers to do so by depositing with the clerk of court of the parish in which he will principally perform marriage ceremonies, or, in the case of Orleans Parish, with the office of the State Registrar of Vital Records , an affidavit stating his lawful name, denomination, and address.

SOLEMNIZATION OF MARRIAGE

The marriage in Louisiana may be solemnized either in the religious manner or through covenant marriage.

Religious marriage

An officiant shall perform a marriage ceremony after he receives a license authorizing him to perform that marriage ceremony. The marriage ceremony needs to be performed in presence of at least two witnesses. The officiant shall after completion of marriage prepares the marriage certificate on a form approved by the state registrar of vital records.

Covenant Marriage

A covenant marriage is a marriage entered into by one male and one female who understand and agree that the marriage between them is a lifelong relationship. Parties to a covenant marriage have received counseling emphasizing the nature and purposes of marriage and the responsibilities thereto.

Only when there has been a complete and total breach of the marital covenant commitment may the non-breaching party seek a declaration that the marriage is no longer legally recognized.

A man and woman may contract a covenant marriage by declaring their intent to do so on their application for a marriage license, and executing a declaration of intent to contract a covenant marriage. The application for a marriage license and the declaration of intent shall be filed with the official who issues the marriage license.

MARRIAGE CERTIFICATE

On the face of the certificate it shall appear the certification to the fact of marriage including, if applicable, a designation that the parties entered into a covenant marriage, signed by the parties to the marriage and by the witnesses, and the signature and title of the officiant.

The marriage certificate shall show the place, time, and date of the performance of the ceremony.

Every officiant of a marriage ceremony performed in this state shall sign a certificate of marriage in triplicate.

COUNTY CLERK ADDRESS AND PHONE NUMBER LIST