Could it be that the shine has worn off of your Louisiana romance? Perhaps you're wondering what legal options you have for ending your marriage. Figuring out whether a legal separation, annulment, or divorce is right for you can make your head spin. Each legal proceeding has strict rules regarding what circumstances it covers and to whom it may apply. So here's a brief introduction to one of those processes: annulment and prohibited marriages in Louisiana.
Annulments and Prohibited Marriages
Most of us have dreamed about getting married, but not all marriages are allowed. Every state has its own set of annulment and prohibited marriage laws that disallow marriage in certain situations. Louisiana laws, for example, do not recognize common law marriages.
Annulment Laws in Louisiana
Below, you'll find more information on Louisiana annulment and prohibited marriage laws, including a list of the types of marriages that are prohibited in Louisiana.
| Code Sections | C.C. Art. 94-96 |
| Grounds for Annulment | Null without marriage ceremony by procuration or in violation of an impediment; consent not freely given |
| Time Limits for Obtaining Annulment | - |
| Legitimacy of Children | Child of marriage contracted in good faith is legitimate |
| Prohibited Marriages | prior undissolved marriage |
Same-Sex Marriage in Louisiana
Louisana resisted same-sex marriage to the bitter end. A 2014 U.S. Supreme Court decision not to take up gay marriage cases meant that same-sex marriage was positioned to remain banned in the state. The high court announced, without further comment, that it would not hear lower court cases that struck down bans in five states. The decision meant that while gay marriage was set to became legal in three federal appeals courts districts, the 5th Circuit Court of Appeals, which covers Louisiana, Texas and Mississippi, declined to rule on a same-sex marriage case.
This unwillingness was rendered moot, however, when the Supreme Court issued its 2015 Obergefell v. Hodges decision, in which the Court held that state ban's on same-sex marriage and refusals to recognize the same-sex marriages of other states were unconstitutional. Barring an attempt to circumvent this ruling, Louisiana must now permit same-sex marriages.
To stay updated on the latest legal developments, you can visit FindLaw’s Same-Sex Marriage section and view a list of states that allow same-sex marriage.
Related Resources for Louisiana Annulment and Prohibited Marriage Laws
The decision to end a marriage is never an easy one, especially so if you are wondering whether or not your marriage was legal to begin with. If you would like legal assistance with a marriage case, you can contact an experienced Louisiana divorce attorney. You can also find more articles and resources regarding this topic by visiting FindLaw’s sections on Annulment, Divorce, and Louisiana Family Law.
