Legal Question in Family Law in Louisiana
marriage
A couple is married in a church in the state of Louisiana. The pastor gives the paperwork to the couple to file with the clerk of the county. The bride has the paperwork and the following day decides she does not want to be married.
She never files the paperwork with the clerk of the county. According to the state or the church is the couple still married?
1 Answer from Attorneys
Re: marriage
Dear LawGuru Friend,
A lot would depend on what state the marriage license was issued in. Assuming it was issued by a Louisiana public official authorized to issue such a license, and assuming the officer perfoming the wedding was authorized to do so, my opion is that the failure to record the act of marriage would not make the marriage a nullity; nevertheless, one might have a difficult time proving that the marriage (the ceremony) ever took place. The issuance of the license alone does not constitute a marriage, as there must be a ceremony conducted by one authorized by law to conduct such a ceremony. It is my understanding that in Louisiana the responsibility for recording the paperwork following the marriage is the minister, judge or other person who is authorized to perfom the ceremony. There is more to it all than this, but this is something to think about.
Good luck to you and all involved!
Sincerely,
Hardy Parkerson, Atty.
Lake Charles, LA
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
