Louisiana Marriage Laws
Written and edited for accuracy by the Louisiana marriage law researchers at the Universal Life Church on
With its raucous Mardi-Gras festival, steamy jazz scene and spicy Cajun cooking, Louisiana just might be the most sizzling place to throw a good party. Planning a wedding in the Bayou State, however, has plenty of unique requirements and restrictions that require special attention. That's why we at the Universal Life Church have created a simple step-by-step guide meant to distill the state’s complex marriage laws and provide couples and ministers the tools they need to make sure any wedding they plan will be fully legal and binding.
Wedding Ceremony Requirements
- Marriage By Proxy Allowed:
- No
- Minister Required to be Present:
- Yes
The state of Louisiana requires that a formal marriage ceremony be carried out in the physical presence of both persons in the couple, performed by a third person qualified to do so, and witnessed by two adult witnesses, in order for that union to be solemnized and legal. The ceremony must also include the free consent of both parties to take each other as husband or wife.
Other than that, couples and ministers are free to plan ceremonies according to their unique traditions and spiritual beliefs.
La. Stat. Ann. § 9:244. Witnesses required
The marriage ceremony shall be performed in the presence of two competent witnesses of full age.
Acts 1987, No. 886, §3, eff. Jan. 1, 1988.
La. Civ. Code Ann. 87. Art. 87. Contract of marriage; requirements
The requirements for the contract of marriage are:
The absence of legal impediment.
A marriage ceremony.
The free consent of the parties to take each other as husband and wife, expressed at the ceremony.
Acts 1987, No. 886, §1, eff. Jan. 1, 1988.
Art. 91. Marriage ceremony required
The parties must participate in a marriage ceremony performed by a third person who is qualified, or reasonably believed by the parties to be qualified, to perform the ceremony. The parties must be physically present at the ceremony when it is performed.
Acts 1987, No. 886, §1, eff. Jan. 1, 1988.
Requirements for the Couple
- Min. Age of Couple:
- Age 18 with Age-Gap Restrictions for Minors
- Residency:
- Not Required
- Min. Distance of Kin Allowed:
- Second Cousins
- Marriage Equality:
- Yes
Only two people 18 years or older can legally consent to a marriage in the state of Louisiana. All minors are therefore forbidden to marry, except in the case of 16 and 17-year-olds whose partners are not older to them by more than three years.
The state also outlaws all marriages between ascendants and descendants, or relatives closer than second cousins (or first cousins once removed). This applies for both blood relatives and those formed through adoption.
Same sex couples and non-residents are allowed to wed in Louisiana.
La. Stat. Ann. § 9:221. Authority to issue marriage license
A. A license authorizing an officiant to perform a marriage ceremony must be issued by:
(1) The state registrar of vital records, or a judge of the city court, in the Parish of Orleans;
(2) The clerk of court, in any other parish; or
(3) A district judge, if the clerk of court is a party to the marriage.
B. No marriage license for a minor under the age of sixteen shall be issued. No marriage license for a minor of the age of sixteen or seventeen shall be issued where there is an age difference of three years or greater between the persons seeking the marriage license.
Acts 1987, No. 886, §3, eff. Jan. 1, 1988; Acts 2019, No. 401, §2.
CC 90 Art. 90. Impediments of relationship
A. The following persons may not contract marriage with each other:
(1) Ascendants and descendants.
(2) Collaterals within the fourth degree, whether of the whole or of the half blood.
B. The impediment exists whether the persons are related by consanguinity or by adoption. Nevertheless, persons related by adoption, though not by blood, in the collateral line within the fourth degree may marry each other if they obtain judicial authorization in writing to do so.
Acts 1987, No. 886, §1, eff. Jan. 1, 1988; Acts 2004, No. 26, §1.
NOTE: SEE ACTS 1987, NO. 886, §5.
Requirements for the Minister
- Min. Age of Minister:
- Age 18
- Residency:
- Not Required
- Document(s) Required:
- Varies by City
- Online Ordination Recognized:
- Yes
- Relevant Office of Registration:
- Clerk of Courts
- Latest Document(s) Submission Date Allowed:
- Before the Ceremony
- Minister I.D. # Issued:
- No
In Louisiana, any state judge, justice of the peace, priest, minister, rabbi, clerk of the Religious Society of Friends, or clergy of a religious sect who’s at least 18 years old is authorized to solemnize a wedding.
All other officiants not on this list must file an affidavit stating their lawful name, denomination and address with the clerk of court in the parish where the ceremony will be held before it takes place. All ministers ordained online by the Universal Life Church, and thus considered legal religious actors, should also have their ordination credentials on hand, as some counties in Louisiana may demand this along with the affidavit.
La. Stat. Ann. § 9:202. Authority to perform marriage ceremony
A marriage ceremony may be performed by:
(1) A priest, minister, rabbi, clerk of the Religious Society of Friends, or any clergyman of any religious sect, who has attained the age of majority and is authorized by the authorities of his religion to perform marriages, and who is registered to perform marriages;
(2) A state judge or justice of the peace.
Acts 1987, No. 886, §3, eff. Jan. 1, 1988; Acts 1997, No. 73, §1; Acts 2014, No. 651, §1.
LA. Stat. Ann § 9:204. Officiant other than judge; registration
An officiant, other than a judge or justice of the peace, may perform marriage ceremonies only after he registers to do so by depositing with the clerk of court of the parish in which he will principally perform marriage ceremonies, or, in the case of Orleans Parish, with the office of the state registrar of vital records, an affidavit stating his lawful name, denomination, and address.
Acts 1987, No. 886, §3, eff. Jan. 1, 1988.
Marriage License Facts
- ULC-Officiated Ceremony Type:
- Religious
- Mandatory Waiting Period:
- 24 Hours
- License Valid For:
- 30 Days
- License Must Be Submitted:
- Within 10 Days of Ceremony
The state of Louisiana prohibits any officiant from joining a couple in matrimony until 24 hours after the marriage license has been issued. By that same token, any wedding performed following the 30-day expiration of the license will also be null and void.
Last, and perhaps most importantly, any official who fails to complete or return both the signed marriage certificates and original license with the same court clerk that issued it within 10 days of the ceremony may be fined and eventually barred from officiating any more weddings in the state.
La. Stat. Ann. § 9:241. Premature ceremony prohibited
An officiant may not perform a marriage ceremony until twenty-four hours have elapsed since the issuance of the marriage license.
Acts 1987, No. 886, §3, eff. Jan. 1, 1988; Acts 2018, No. 276, §1.
La. Stat. Ann. § 9:235. Valid for thirty days
A marriage license is valid for thirty days from the date of issuance. No officiant shall perform a marriage after the license has expired.
Acts 1987, No. 886, §3, eff. Jan. 1, 1988.
La. Stat. Ann. § 9:254. Penalty for failure to file or complete marriage certificate
Any person authorized to perform marriages in this state who fails to complete the forms provided by the Department of Children and Family Services, and specifically fails to fill in the date and place the ceremony was performed, or neglects or fails to file the two executed copies with the clerk of court in the parish where the license was issued or, if in Orleans Parish, with the state office of vital records, within ten days after the date of the marriage as provided by law, shall be fined not less than twenty dollars for the first offense, fifty dollars for the second offense, and one hundred dollars for a third offense, and the offender shall be prohibited thereafter from officiating at any marriage in this state.
Acts 1987, No. 886, §3, eff. Jan. 1, 1988; H.C.R. No. 59, 1999 R.S.
Marriage License Requirements
- Who Picks Up License:
- The Couple
- Where License is Valid:
- Any Parish in Louisiana
- Marriage License Pick-Up
- In Person Only
- Cost of License:
- Varies by County
- Accepted I.D. Types:
- Government Issued ID and Birth Certificate
- Proof of Divorce Required (If Applicable):
- Yes
- Blood Test Required:
- No
Couples looking to tie the knot in Louisiana can fill out a written application for a marriage license, sworn and signed, before a notary, deputy clerk or deputy registrar in any parish in Louisiana, regardless of residence or where the ceremony will take place.
That application must include the date and time it is filled out; the full name, race, residence, age and social security number of each party; the names of both their parents; a list of all former marriages, the disclosure of any blood relations between the two and an acknowledgement that both are free to marry, and that the information provided has not been knowingly falsified. Birth certificates and Government Issued ID cards will be required to verify the information provided, and no license shall be granted without written consent for minors to marry, or proof of divorce, if applicable.
It’s not necessary that the couple both apply at the same time, provided each executes the application before a notary and swears by the information they provide. Exceptions will be made for any member of the armed service that provides military ID, or any couple a judge determines to have good cause, in which case one party will be allowed to fill in and sign for their partners.
The fee for a marriage license varies by parish, typically between $20 and $40.
La. Stat. Ann. § 9:222. Place of issuance
A marriage license may be issued in any parish, regardless of where the ceremony is to be performed or the parties reside.
Acts 1990, No. 81, §1.
La. Stat. Ann § 9:224. Application; information required
A. The application for a marriage license provided by R.S. 9:223, and containing all of the following information, shall be sworn to and signed by both parties before a notary public, deputy clerk, or deputy registrar:
(1) The date and hour of the application.
(2) The full name, residence, race, and age of each party.
(3) The names of the parents of each party.
(4) The number of former marriages of each party, and whether divorced or not.
(5) The relationship of each party to the other.
(6) Each party's social security number, if both parties were born in any state or territory of the United States or are naturalized citizens of the United States.
{ (a) to (b) omitted }
(7) An acknowledgment that each party is free to marry pursuant to Louisiana law, that the information contained in the application is true and correct, and that each party understands that falsification of the application shall constitute the filing of false public records pursuant to R.S. 14:133.
B.(1) Both applicants are not required to execute the application at the same time, provided that each applicant executes the application before a notary public as required by R.S. 9:224(A).
(2) A member of the armed forces of the United States shall not be required to sign the application required by Subsection A of this Section if the co-applicant attaches a copy of the military identification card of the member. If both applicants are members of the armed forces of the United States, only one applicant shall be required to sign the application, but that applicant shall attach a copy of the military identification card of the co-applicant not signing the application.
(3) In the event of extenuating circumstances, and after a finding that the parties have complied with all other requirements, for good cause shown, a judge of the First or Second City Courts of the city of New Orleans, a family court judge, a juvenile court judge, a district court judge, a city court judge, or a justice of the peace may order an issuing official within the territorial jurisdiction of his court to issue a marriage license with the notarized signature of only one of the applicants. The written order shall be attached to the marriage application.
(C-E Omitted)
Acts 1987, No. 886, §3, eff. Jan. 1, 1988; Acts 1997, No. 1380, §2; Acts 1998, 1st Ex. Sess., No. 8, §1, eff. April 24, 1998; Acts 1999, No. 1298, §1; Acts 2015, No. 436, §1, eff. Jan. 1, 2016.
La. Stat. Ann. § 9:225. Documents required; attachments
A. An application for a marriage license shall be accompanied by:
(1)(a) A certified copy of each party's birth certificate as provided by R.S. 9:226.
(b) If the applicant does not have a birth certificate, the applicant shall obtain an order signed by a judge waiving the requirement pursuant to R.S. 9:228.
(2) The written consent for a minor to marry, or the court's authorization for the minor to marry, or both, as required by Chapter 6 of Title XV of the Children's Code.
(3) If applicable, the declaration of intent for a covenant marriage, as provided in Part VII of this Chapter.
(4) A valid and unexpired driver's license, a government issued identification card, or a valid and unexpired passport from the country of his birth or an unexpired visa accompanied by Form I-94 as issued by the United States.
B.(1) It shall be unlawful for any officer authorized to issue a marriage license in this state to issue a license to any male or female unless both parties first present and file with the officer a certified copy of their original birth certificate.
(2) A photostatic or photographic reproduction of the certified copy of the birth certificate shall be filed with the officer.
Acts 1988, No. 344, §1; Acts 1988, No. 345, §1, eff. July 7, 1988; Acts 1988, No. 808, §1, eff. July 18, 1988; Acts 1995, No. 415, §1; Acts 1997, No. 1380, §2; Acts 2015, No. 436, §1, eff. Jan. 1, 2016. NOTE: See Acts 1988, No. 808, §3.
La. Stat. Ann. § 9:226. Certified copy of birth certificate; translation to English
A. A person born in Louisiana shall submit a certified copy of his birth certificate. A short-form birth certification card shall be acceptable as a certified copy of a birth certificate.
B. A person born in a state or territory of the United States other than Louisiana shall submit a copy of his birth certificate under the raised seal or stamp of the vital statistics registration authority of his place of birth.
C. A person born outside of the United States or territory of the United States shall submit a birth certificate under the seal of the United States or shall submit all of the following:
(1)(a) A copy of the person's birth certificate under the raised seal or stamp of the vital statistics registration authority of the person's place of birth.
(b) If the birth certificate is not printed in English, the party shall submit a translated copy in addition to the copy required by Subparagraph (a) of this Paragraph. The translation shall contain a sworn declaration of the translator that he is fluent in the language of the original birth certificate and of the translation, and that the translation is a true and accurate representation of the original.
(2) A valid and unexpired passport or an unexpired visa accompanied by a Form I-94 issued by the United States, verifying that the applicant is lawfully in the United States.
D. A copy of the birth certificate or order issued pursuant to R.S. 9:228 shall be retained by the official recorder of the marriage for a minimum period of sixty days.
Acts 1987, No. 330, §1; Acts 1987, No. 886, §3, eff. Jan. 1, 1988; Acts 1988, No. 344, §2; Acts 1988, No. 345, §2, eff. July 7, 1988; Acts 1988, No. 808, §2, eff. July 18, 1988; Acts 1990, No. 362, §1, eff. Jan. 1, 1991; Acts 1991, No. 462, §1; Acts 2000, 1st Ex. Sess., No. 118, §1, eff. April 19, 2000; Acts 2015, No. 436, §1, eff. Jan. 1, 2016.
Final Steps
- Officiant's Title on Marriage License:
- Minister
- Church/Ordaining Body:
- Universal Life Church Ministries
- Address of Church:
- Minister's Home Address
The state of Louisiana places a great onus on the person tasked with performing the marriage ceremony. And that responsibility doesn’t end with the I-DOs.
In fact, any wedding officiant who fails to complete any part of the forms provided by the Department of Children and Family Services, who ignores to mark the date and place of the ceremony or forgets to file the two signed copies with the same court clerk where the original license was issued within 10 days of the ceremony will be fined $20 for a first offence, $50 for a second and $100 for a third, after which they’ll be barred from officiating any more weddings in the state. So please be sure to file the forms properly!
Interested in Performing a Louisiana wedding?
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