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Common Law Marriage in Louisiana

Louisiana does not recognize common law marriage: a valid marriage requires a marriage ceremony.

Last checked . General information, not legal advice.

Louisiana at a glance

New common law marriages allowed
No
Requirements
Not available; ceremony required
The Civil Code requires the absence of a legal impediment, a marriage ceremony and the free consent of the parties expressed at the ceremony.

Sources

Last checked

The rules in Louisiana

Can a couple form a common law marriage in Louisiana today?

No. New common law marriages allowed in Louisiana: no.

What are the requirements for a common law marriage in Louisiana?

Requirements in Louisiana: Not available; ceremony required. The Civil Code requires the absence of a legal impediment, a marriage ceremony and the free consent of the parties expressed at the ceremony.

Where do the Louisiana common law marriage laws come from?

The rules above come from La. Civ. Code art. 87. Each source is linked on this page. We last checked them in October 2026.

Good to know

A putative marriage may arise in some cases where one spouse married in good faith; this is a separate doctrine from common law marriage.

What this means in practice

Living together for a long time does not by itself create a marriage. Where common law marriage is allowed, the key question is usually whether both partners agreed to be married and acted that way in public, for example by using the same last name, filing joint tax returns or calling each other husband or wife.

A valid common law marriage can only be ended by divorce or death, just like a licensed marriage. There is no informal way to undo it by moving out. The question of whether a marriage existed often comes up later, in a divorce, an inheritance dispute or a claim for spousal benefits.

Couples who want clear proof of their status can sign a written declaration or affidavit of marriage where state law provides for one, or simply obtain a marriage license. Couples who live together and do not want to be married can sign a cohabitation agreement that sets out how property and expenses are handled.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.