Common Law Marriage in Louisiana: Legal Requirements and Exceptions

If you’re wondering whether common law marriage is recognized in Louisiana, you’re not alone. Many couples who live together for years assume that they may be considered legally married without a ceremony or license.

But Louisiana has specific rules when it comes to marriage, and common law marriage is not one of them.

In this guide, we’ll explore Louisiana’s stance on common law marriage, any exceptions, and what it means for couples living together in the state.

Is Common Law Marriage Legal in Louisiana?

No. Louisiana does not recognize common law marriages. No matter how long a couple lives together or how committed they are, they will not be considered legally married unless they meet the formal requirements of a legal marriage under Louisiana law.

What Is Common Law Marriage?

Common law marriage refers to a legal framework where a couple is considered legally married without obtaining a marriage license or participating in a traditional ceremony—usually based on how long they’ve cohabited and whether they hold themselves out as married.

While this practice is recognized in some U.S. states (like Texas or Colorado), Louisiana is not one of them.

Legal Requirements for Marriage in Louisiana

To be legally married in Louisiana, a couple must:

1. Obtain a marriage license from the parish clerk of court.
2. Participate in a legal ceremony performed by an authorized officiant.
3. Have the marriage properly recorded with the state.

Both parties must also meet other criteria, such as:

• Being at least 18 years old (or having parental consent at 16–17)
• Not being closely related
• Not currently married to someone else

Exceptions: Out-of-State Common Law Marriages

Here’s where things get interesting.

Although Louisiana does not allow couples to form a common law marriage, the state will recognize a common law marriage that was validly established in another state. This follows the general legal principle known as the “Full Faith and Credit Clause” of the U.S. Constitution, which requires states to honor the laws and judgments of other states.

Example:

If a couple established a valid common law marriage while living in Texas, then moved to Louisiana, the marriage would be recognized by Louisiana—even though common law marriages can’t be formed there.

What About Property and Legal Rights?

Because Louisiana does not recognize common law marriage:

• Unmarried couples do not have automatic inheritance rights.
• They do not share community property rights.
• There is no legal obligation for spousal support unless they are legally married.

If an unmarried couple separates, Louisiana law treats them as two individuals with no marital legal ties. This can have significant consequences in cases involving property division, custody, or financial support.

Legal Options for Unmarried Couples in Louisiana

If you live with your partner but don’t want to marry, you can still protect yourselves legally through:

• Cohabitation agreements: Define property, financial, and housing arrangements.
• Powers of attorney: For healthcare and financial decisions.
• Wills and estate planning: To ensure inheritance or property transfer.
• Parenting plans: For custody and child support, if applicable.

Final Thoughts

While common law marriage is not legal in Louisiana, couples still have ways to safeguard their relationships and rights through proper legal documentation. If you’re cohabiting or moving from a common law state, it’s smart to consult a local attorney for clarity.

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