Does New Orleans Recognize Common Law Marriage?

Relationships today take many unique forms. Not everyone feels comfortable declaring their love for each other in front of hundreds of people. Also, not everyone wants to head to the courthouse, apply for a marriage license, and stand before a justice of the peace.

Marriage, weddings, and partnerships are evolving. Long-term cohabitation is more common than ever. However, that can create challenges when partners seek the legal rights afforded to traditionally married couples. It also brings up some important questions.

Is Louisiana a common law state for marriage? If you are not legally married but are in a long-term relationship, do you have the same legal rights as other couples? The family law team at the Law Office of James A. Graham, LLC, can answer your questions and give you the peace of mind you deserve.

What Is Common-Law Marriage?

Common law marriage is a type of informal marriage in which a couple is considered legally married without having formally registered their relationship as a civil or religious marriage. In some states, common law marriage occurs when partners cohabitate for an extended period and typically present themselves as “married.” Simply cohabitating as an unmarried couple is generally insufficient to establish a common-law marriage.

The specific prerequisites for and rights extended by common law marriage vary from state to state.

Does Louisiana Recognize Common Law Marriage?

No, Louisiana does not recognize common-law marriage. Cohabitating partners in the state do not have the same legal rights that married couples have, and they cannot gain those rights simply by living together for an extended time and holding themselves out as married.

Louisiana is unique in that it is the only state in the nation whose laws do not derive from the English common law tradition. Rather, as a reflection of its long history as part of the French empire, its laws descend from French and Spanish legal traditions, giving it a civil law more in line with countries that were not formerly English colonies. As there is no common law in Louisiana, laws must be codified as statutes and not formalized over time through case rulings as in the rest of the country.

State law specifically holds that marriages are created by civil contract. Not only does this impact couples whose relationships have always existed in Louisiana, but couples who have a common law marriage in another state and choose to move to Louisiana should consult with an attorney about potential impacts on the legality of their marriage. Additionally, there are other legal pathways for unmarried couples in New Orleans and other parts of Louisiana.

Legal Alternatives to Common Law Marriage in Louisiana

Although the state does not recognize common-law partnerships, there are other legal ways you and your partner can protect yourselves outside of a traditional marriage. These alternatives include a domestic partnership and a cohabitation agreement. For residents of New Orleans, the domestic partnership law differs from the rest of the state.

Domestic Partnerships in New Orleans

Domestic partnership arrangements get complicated in Louisiana. While the state does not generally recognize domestic partnerships, New Orleans does if the partners reside within the city or one of the partners is a city employee. The municipal code states the requirements as:

• Neither party may be married
• The parties must not be related in any way that would prevent marriage in Louisiana
• Both must be 18 or older

Additionally, if either party was previously in a domestic partnership with someone else, that status must have ended more than six months before the new arrangement. There is an exception to the six month waiting period if the previous domestic partnership ended because of the death of one of its members.

For those involved in relationships in New Orleans, it’s important to speak to an attorney about how the city’s laws may create a different situation for them than for those in other areas of Louisiana.

Entering a Cohabitation Agreement and Other Strategies

A cohabitation agreement is a legal document that outlines the rights, financial responsibilities, and property division terms between two people living together. These agreements can help define the terms of the relationship and legally protect each partner in case of separation.

There are other ways you can legally protect yourself and your partnership without moving forward with a traditional marriage. If you are concerned about what happens to your property or assets after you pass, consider drafting a will naming your partner as the beneficiary. Without a will, your property is divided according to Louisiana’s intestate succession law when you pass, which will not acknowledge your relationship as if you were married.

If you want to protect yourself in the event of a healthcare emergency or serious illness, you can arrange to grant your partner power of attorney. This legal arrangement can give your significant other the power to make financial and healthcare-related decisions on your behalf.

While many of these options help protect you and your partner, they do not offer the same legal protections as traditional marriage, such as tax incentives and certain property rights. It is best to work with a knowledgeable New Orleans family law attorney who can review your needs and create a partnership plan that addresses your goals and concerns.

Civil Marriage in New Orleans, Louisiana

Some individuals do not get married because they think the process is expensive and complicated. Your wedding can be as extravagant or as simple as you want. The crucial part of getting married is not the actual wedding. It is filling out and filing the correct paperwork on time.

Getting a marriage license doesn’t mean you can immediately run to the courthouse and get hitched. In most jurisdictions, there is a 24-hour waiting period between the time the marriage license is issued and when the marriage can be performed. The parish where you reside may list the waiting period on its website. In some parishes, a marriage license is only valid for a specific time frame, generally 30 days. If you do not get married within that time frame, you must return the marriage license to the Clerk of Court’s office.

To obtain a marriage license, both applicants must be present and show all required documentation, including:

• Current driver’s license or state ID
• Certified copy of a birth certificate or birth card
• Social Security numbers
• Certified copy of final divorce decree if either party was previously married

Couples obtaining a marriage license must also pay all associated fees. Although it can feel a bit time-consuming, getting a marriage license is not meant to be a complicated or overly expensive process. If you have questions about civil marriage, prenuptial, or postnuptial agreements, a New Orleans family law attorney can help you navigate the legal process, protecting you and your family.

An Experienced New Orleans Family Law Attorney Can Help Protect You and Your Family

Louisiana may not recognize common-law marriage, but it does offer other ways to protect yourself and your family legally. An experienced family law attorney with the Law Office of James A. Graham can help you sort through your options and find legal solutions that meet your needs.

Contact our New Orleans office today and schedule a confidential consultation to discuss your situation. Our compassionate family law attorneys take the time to get to know you and create a plan that addresses your concerns and effectively meets your family’s goals.