Louisiana Common Law Marriage

What Is Common-Law Marriage in Louisiana?

Common-law marriage is the union of two individuals living together who consider themselves married without performing a formal ceremony or obtaining a marriage license in Louisiana. According to Louisiana marriage laws, common-law marriages are not allowed within the state. However, the state of Louisiana recognizes common-law marriages contracted in states or jurisdictions where such unions are legal, including the District of Columbia, Rhode Island, Iowa, Kansas, Montana, South Carolina, Texas, Colorado, and Utah.

A common-law marriage provides a cheap alternative to couples who want to cut costs on their marriage or avoid the formalities of a traditional wedding. Various laws govern common-law marriages in the United States. For instance, all states require that both partners must be of legal age to marry and be eligible to enter a contract. Some states may require couples to live together for a particular period. Similar to traditional marriages, couples in a common-law marriage enjoy some of the following marital rights:

Right to a divorce
Right to healthcare benefits
Right to property division in case of a divorce
Right to inheritance in case of a partner’s death
Right to jail or prison visitation
Right to hospital visitation
Right to child custody in case of a divorce
Right to spousal support in case of a divorce

While common-law couples may be eligible for similar benefits available to those in a formal marriage, there are disadvantages peculiar to common-law marriages. Some of the disadvantages include:

The burden of child support usually falls upon the father.
Difficulty in proving that a common-law marriage existed between two individuals (especially in situations where a partner is dead or there is no signed document to back the claim)
Difficulty in laying claims for property division (especially in a divorce situation or death of a partner)

Does Louisiana Recognize Common-Law Marriage?

In compliance with the United States Full Faith and Credit Clause, Louisiana recognizes common-law marriages that occurred in other states where such union is legal. The full faith and credit clause requires the state of Louisiana to uphold the laws of other states. Common-law couples who move to Louisiana from other states where such union is legal may retain all the rights available to them as at the time the marriage was contracted. The state of Louisiana is also responsible for overseeing the divorce proceedings of these common-law marriages.

However, Louisiana prohibits the formation of common-law marriages within its jurisdiction. The state only allows formal marriage. Unmarried residents who live together in Louisiana do not automatically become common-law couples.

What Are the Requirements for a Common-Law Marriage in Louisiana?

The state of Louisiana does not permit the formation of common-law marriages within its jurisdiction. As such, the state does not have requirements for common-law marriages. However, Louisiana recognizes common-law marriages contracted in states where such union is legal. Examples of conditions common-law couples are required to meet include:

They are 18 years or older.
They must be eligible to enter into a contract
They must not be married to other persons
They must have been living together for a while (the required duration varies by state)
They must agree to joint obligations and provide for each other's needs.
They must not be related by blood
They must address themselves as husband and wife in the presence of others (community, family, and friends).

How Many Years Do You Have to Live Together for Common-Law Marriage in Louisiana?

Regardless of the years in which individuals live together, they will not qualify for a common-law marriage in Louisiana. The state does not allow common-law marriages within its jurisdiction. Individuals who want to get married have to obtain a marriage license and go through the formal marriage proceedings.

What Does It Mean to Be Legally Free to Marry in Louisiana?

Individuals are considered to be legally free to marry in Louisiana when they meet the marriage requirements set by the state. For instance, both partners must be at least 18 years or above - the legal age of marriage in the state. Also, the state does not allow marriages for persons who are 16 or below. Other requirements to be fulfilled by individuals before they can get married in Louisiana include:

Both partners must not be related by blood
Both partners are eligible to enter into a civil contract
Both partners must be eligible to marry in the state
Both partners are not married to other persons (if divorced, the involved partner must provide details of the union).
Both partners must present a valid form of identification
One of the partners must reside in the parish where the marriage is to take place

What Is Intent to Marry in Louisiana?

An intent to marry is a form or letter that shows the intention of partners to be married. The state of Louisiana requires intending couples to fill a declaration of intent form when applying for a marriage license. Intending couples have to file both the marriage license application and the declaration of intent form with the official who issues the marriage license. At the federal level, couples who seek residency in the United States via marriage have to present a letter of intent or fill a form. Also, marriage requirements may vary across the country.

What Is an Informal Marriage in Louisiana?

An informal marriage is a term used to describe common-law marriages in Texas, where both formal and informal marriages are allowed. While Louisiana does not allow common-law marriages within its jurisdiction, it recognizes the unions contracted in states where they are legal. For instance, common-law couples who got married in Texas can move to Louisiana, and their marriage will still be valid.

How Do You Prove Common-Law Marriage in Louisiana?

The best way to prove a common-law marriage in Louisiana is by providing a written and signed agreement between the partners involved. This is usually in the form of a notarized affidavit that shows the existence of that union. Nevertheless, there are also different ways to prove a common-law marriage. Some of which include:

Proof that both partners live in the same residence
Testimonies from people or relatives who are familiar with the couples and their relationship
Record of joint leases or rental agreements
A document that proves either of the common-law partners adopted the other's name
A birth certificate naming both partners as parents to a child
A mail addressed to the couple
A loan document, promissory note, or mortgage financed by both partners
An insurance policy or document listing a partner as a beneficiary
An employment record where a partner is listed as an immediate family member
A school record that names both partners as parents of a child

Third-party websites provide an alternative to obtaining public vital records. These non-governmental platforms come with intuitive search tools that help simplify the process of accessing single or multiple records. However, record availability on third-party sites tends to vary because they’re independent of government sources. To obtain public marriage records, requesters may need to provide:

The full name of both spouses ((include first, middle, and last names)
The date the marriage occurred (month, date and year)
The location where the marriage occurred (city and county)

How Do You Prove Common-Law Marriage in Louisiana After Death?

A widowed partner can make legal claims to property divisions and others by providing documents that prove the existence of the marriage. A marriage affidavit is an example of such a document. The widowed spouse may need to present statements that acknowledge the existence of the relationship in case there are no signed documents. These statements may be in the form of testimonies from two relatives of the deceased’s spouse.

Persons should note that because common-law marriages are not allowed in Louisiana, the state only hears claims concerning marriages contracted in states where such union is legal. That is, the couples involved must have met the common-law requirements laid down in the originating state.

Do Common-Law Marriages Require a Divorce?

Couples in a common-law marriage will require a divorce to legally dissolve the union - similar to those in a formal marriage. The state of Louisiana recognizes common-law marriages contracted in states where such union is valid and legal. The state will also oversee the proceedings for common-law couples who wish to divorce according to its marriage laws. Depending on the partners involved, they may choose to represent themselves or hire an attorney. Partners in a common-law marriage may be entitled to property divisions, spousal support, or child custody. The divorce proceeding is usually smooth if both partners signed a prenuptial agreement. Otherwise, partners may find it extremely difficult and time-consuming to dissolve the union.

Does a Common-Law Wife Have Rights in Louisiana?

Yes, a common-law wife has marital rights and entitlements in Louisiana. The state preserves the rights of common-law couples whose marriages were contracted in states where such union is legal. Often than not, it is similar to that of those in a formal marriage. That is, a common-law wife may lay claims to property division, spousal support, and more as long as they meet the requirements.

Can a Common-Law Wife Collect Social Security in Louisiana?

Yes, a common-law wife can collect social security in Louisiana as long as the marriage is valid and was contracted in a state where it is legal. Common-law couples who meet the requirement set in these states may obtain and submit a complete statement of marital relationship form and statement of blood relationship form. Some of the information required by the couples include:

The date when the couple started living together (only the month and year is required)
The town or city and state where the common-law marriage occurred.
The duration as well as places the couple have lived together.
The number of children in the relationship, if any.
The former names of both partners (in the event where one partner has changed names).
A list of family members, friends, or colleagues who know about the couple's relationship.

Are Common-Law Wives Entitled To Half in Louisiana?

No, common-law wives do not have the same marital rights and entitlement as those in a formal marriage. The state of Louisiana considers common-law marriages invalid. Therefore, common-law wives are not automatically entitled to half of the property. However, common-law couples may be eligible for half of the property if both partners have agreed on the terms before marriage. That is, there must have been a written agreement or document. Other than this, a partner can only lay claims to properties bought in their name as owners or co-owners.

How Do You Get a Common-Law Marriage Affidavit in Louisiana?

Louisiana is not a state that allows common-law marriage. Therefore, common-law couples cannot obtain a marriage affidavit in the state. Interested persons can only get a common-law marriage affidavit in states where such union is legal. A marriage affidavit serves as proof that a common-law relationship exists between two individuals. Although the requirements for common-law marriage differ among states, there are a few general statements an affidavit should contain:

The state where both partners have decided to be husband and wife
The date when both partners decided to be husband and wife
The age of both partners as of the time they decided to be husband and wife
Record of previous marriage (both formal or informal marriage). In case there is a previous marriage, the involved partner must provide details of the union, such as the date of union, termination date, and more.

What Is Considered Common-Law Marriage in Louisiana?

The state of Louisiana prohibits common-law marriages within the state. Individuals who intend to get married in Louisiana must go through the formalities of a traditional wedding and obtain a marriage license. Unmarried persons who do not go through this process and are living together are not considered married under Louisiana marriage laws. However, the state of Louisiana recognizes common-law marriages contracted in states where such union is legal.

Does the Federal Government Recognize Louisiana Common-Law Marriages?

Yes, the federal government recognizes all common-law marriages contracted in states where such unions are legal. However, the state of Louisiana does not allow common-law marriages within its jurisdiction. States that allow common-law marriages within their jurisdiction include the District of Columbia, Rhode Island, Iowa, Kansas, Montana, South Carolina, Texas, Colorado, and Utah. Couples whose common-law marriages were contracted in states where such union is legal may be eligible for federal tax benefits and immigration benefits.