Louisiana Marriage Laws: Requirements, License, and Penalties

To marry in Louisiana, both parties must be at least 18, apply together in person at any parish Clerk of Court for a marriage license costing roughly $27.50 to $35, wait 24 hours after issuance, and hold the ceremony within 30 days before an authorized officiant and two adult witnesses. Louisiana marriage laws add a few wrinkles worth knowing before you apply: the state offers an optional covenant marriage with stricter divorce rules, it does not allow common-law marriages to form inside the state, and it imposes real criminal penalties for bigamy and false statements on the application.

Who Can Legally Marry

Both parties must be at least 18 to marry without restriction.1Louisiana State Legislature. Louisiana Civil Code Art. 90.1 – Impediment of Age A 16- or 17-year-old cannot marry someone 18 or older if the age gap is three years or more, so a 17-year-old could marry an 18- or 19-year-old, and two 16- or 17-year-olds may marry each other. Anyone under 16 is flatly prohibited from marrying, and no court order or parental consent changes that. A minor 16 or older who has been judicially emancipated gains adult legal capacity, including the ability to marry independently.2Justia. Louisiana Civil Code Article 366 – Judicial Emancipation

Neither person can already be married. Any prior marriage must have ended by divorce, annulment, or death, and you will need documentation proving it. Louisiana does not allow common-law marriages to form within the state, no matter how long a couple lives together. It generally does recognize a common-law marriage that was validly formed in a state where such marriages are legal, so a couple who established one in Texas or Colorado stays married after moving.

You do not need to be a Louisiana resident. Non-residents can apply in any parish.

Getting a Marriage License

Both parties must appear in person at a parish Clerk of Court office. The application is sworn and signed before a notary public, deputy clerk, or deputy registrar.3Louisiana State Legislature. Louisiana Revised Statutes RS 9:224 – Application for Marriage License Active-duty military members are an exception: a co-applicant can submit the application with a copy of the service member’s military ID attached. In rare cases involving extenuating circumstances, a judge may authorize a license with only one applicant’s notarized signature.

What to Bring

Each applicant needs to bring the following documents:

  • A current photo ID: driver’s license, state-issued ID, or passport.
  • A certified copy of your birth certificate as proof of age. If it is not in English, provide a certified translation. Applicants not born in the United States need a valid passport or visa with an attached I-94 form.
  • Your Social Security number, required for anyone born in a U.S. state or territory or naturalized. If you are not a citizen or permanent resident and lack an SSN, a valid passport from your country of birth is accepted instead.
  • Prior marriage documentation: a divorce decree, annulment order, or death certificate for a former spouse, if applicable.

No blood test or medical exam is required.4Louisiana Department of Health. Requirements for Obtaining a Marriage License

Fees

License fees vary by parish. Lafayette Parish charges $27.50, and Lafourche Parish charges $32.00.5Lafayette Parish Clerk of Court. Fees6Lafourche Clerk of Court. Marriage License Most parishes fall in the $27.50 to $35 range, with small extra charges for certified copies. Cash-only payment is common, so call ahead.

Waiting Period and Expiration

A mandatory 24-hour waiting period runs from the moment the license is issued to the earliest legal ceremony time. A judge, justice of the peace, or retired justice of the peace officiating the wedding can waive the delay if the couple gives serious and legitimate reasons.7Justia. Louisiana Revised Statutes RS 9:242 – Waiver of Delay The license is then valid for 30 days. Miss that window and it expires; you have to apply again.4Louisiana Department of Health. Requirements for Obtaining a Marriage License

Standard Marriage vs. Covenant Marriage

p>Most couples enter a standard civil marriage, a legal relationship created by civil contract that carries the full set of spousal rights and can be ended through an ordinary divorce.

Louisiana is one of a small number of states that also offer a covenant marriage, a legally binding commitment with stricter entry requirements and narrower divorce grounds. Couples choosing this path must receive premarital counseling from clergy or a professional marriage counselor and sign a declaration of intent acknowledging the marriage is meant to be lifelong and that they will seek counseling if difficulties arise.8Justia. Louisiana Revised Statutes RS 9:272 – Covenant Marriage; Intent; Conditions to Create

Divorce in a covenant marriage is available only on specific grounds:

  • Adultery by the other spouse.
  • Felony conviction resulting in a death sentence or imprisonment at hard labor.
  • Abandonment of the marital home for at least one year with a constant refusal to return.
  • Physical or sexual abuse of a spouse or of a child of either spouse.
  • Living separately for two continuous years without reconciliation.

The couple must also obtain counseling before filing for divorce in a covenant marriage.9Louisiana State Legislature. Louisiana Revised Statutes RS 9:307 – Divorce or Separation in a Covenant Marriage; Exclusive Grounds Couples in a standard marriage can convert to a covenant marriage later. The reverse is not allowed: you cannot downgrade a covenant marriage to a standard one.

The Ceremony

Louisiana authorizes two categories of officiants: clergy (a priest, minister, rabbi, clerk of the Religious Society of Friends, or any clergyman of a religious sect) who are at least 18 and registered to perform marriages, and state judges or justices of the peace.10Louisiana State Legislature. Louisiana Revised Statutes RS 9:202 – Authority to Perform Marriage Ceremony The officiant cannot perform the ceremony until the couple hands over the marriage license.11Justia. Louisiana Revised Statutes RS 9:205 – Officiant to Require Marriage License

Online ordination sits in a gray area. The statute’s requirement that clergy be “authorized by the authorities of his religion” has led some clerks to question internet-ordained ministers. If your officiant was ordained online, confirm with the Clerk of Court in the parish where the ceremony will take place that the registration will be accepted.

Two competent witnesses of full age (18 or older) must be present at the ceremony.12Justia. Louisiana Revised Statutes RS 9:244 – Witnesses Required Without two qualifying witnesses, the ceremony is not properly solemnized. Pick them ahead of time and have them bring ID.

Afterward, the officiant gives one copy of the certificate to the couple and files the remaining two copies with the issuing Clerk of Court within ten days. Late filing exposes the officiant to penalties, not the couple, but it can create problems later when you need a certified copy. A polite follow-up a few days after the wedding is worth the effort if your officiant seems disorganized.

Penalties for Violating Marriage Laws

Marrying someone while still legally married to another person is bigamy. The penalty is a fine of up to $1,000, imprisonment for up to five years with or without hard labor, or both.13Justia. Louisiana Revised Statutes RS 14:76 – Bigamy The statute also reaches habitual cohabitation in Louisiana with a second spouse even when the second ceremony happened elsewhere. A genuine, good-faith belief that a prior marriage was legally dissolved, backed by evidence of steps actually taken to obtain a divorce, can serve as a defense.

False information on a marriage license application can lead to forgery or perjury charges. Forgery alone carries a fine of up to $5,000, imprisonment for up to ten years with or without hard labor, or both.14Justia. Louisiana Revised Statutes RS 14:72 – Forgery Because the application is sworn before a notary or deputy clerk, any false statement is made under oath.

After the Wedding

Name Changes

If you change your last name, start with the Social Security Administration. You can begin online at ssa.gov or visit a local office with your marriage certificate (original or certified copy, not a photocopy), a photo ID, and proof of citizenship such as a U.S. birth certificate or passport.15Social Security Administration. U.S. Citizen – Adult Name Change on Social Security Card Update the SSA card first, since many agencies verify against its records. Then handle your passport, driver’s license, bank accounts, and employer records; none of those update automatically.

Tax Filing Status

Your marital status on December 31 controls your filing status for the whole tax year. A December 31 wedding still means you file as married for that year.16Internal Revenue Service. Filing Status For 2026, married couples filing jointly get a standard deduction of $32,200, compared with $16,100 for single filers.17Internal Revenue Service. IRS Releases Tax Inflation Adjustments for Tax Year 2026 Most 2026 brackets for joint filers are exactly double the single-filer brackets, which eliminates the marriage penalty for most earners. It can still hit high-income dual-earner couples: the 37% bracket starts at $640,600 for single filers but only $768,700 for joint filers, well below the $1,281,200 a true doubling would produce.

Health Insurance

Marriage triggers a Special Enrollment Period that lets you change health coverage outside the annual Open Enrollment window. For marketplace (ACA) plans, you generally have 60 days from the marriage date to enroll in a new plan, add your spouse, or switch coverage.18HealthCare.gov. Special Enrollment Period Employer-sponsored plans must offer at least a 30-day enrollment window, though many give 60 days. Notify your benefits office quickly; miss the deadline and you typically wait until the next open enrollment.

Social Security Spousal and Survivor Benefits

Marriage opens access to Social Security spousal and survivor benefits. If your spouse dies, survivor benefits are available as early as age 60, or 50 with a disability, with full benefits at your full retirement age (67 for anyone born in 1962 or later).19Social Security Administration. Survivors Benefits A surviving spouse caring for a child under 16 who receives Social Security benefits can collect at any age. The deceased spouse must have earned enough work credits, generally 10 years of work or as few as one and a half years of recent work under a special rule for younger workers.