Does Louisiana Have a Common Law Marriage?

If you and your spouse have been living together for several years, you may have already entered into a common law marriage. However, you must legally get married in order to become legally married. If you and your spouse have not married, you may be left with few options when it comes to dividing your assets and managing community property. If you are not married, here are some tips to help you make a decision regarding your divorce.

Common-law marriages in Louisiana are not legally recognized and can’t enjoy the rights and benefits of a formal marriage. To apply for a marriage license in Louisiana, you must show proof of your relationship to your partner, such as your birth certificate or social security number. If you’re living with your partner but don’t have a legal marriage in Louisiana, you should complete a cohabitation agreement, which must be notarized and legally recognized. In the event that you decide to divorce, you’ll need to prove prior recognition of your status by proving that your relationship was valid in your previous state.

In the event of a common-law marriage, a widowed partner can make a legal claim for property divisions and other assets. Depending on the circumstances, a widowed partner may need to provide statements proving their relationship, which can be provided by family members of the deceased spouse. Louisiana doesn’t recognize common-law marriages, but it does recognize the legality of common-law marriages in other states. A common-law marriage in Louisiana can only be established by a court of law.

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