Divorce Lawyer: Watch Out for Impediments to Marriage in Louisiana

An existing marriage is an impediment to marriage that renders the attempted subsequent marriage absolutely null.  Why is this important for a divorce lawyer?  If you attempt to remarry while not dissolving your previous marriage, then you will not be entitled to civil effects of the subsequent marriage. The putative marriage doctrine protects a party who is free from fault and is in good faith. Without both, there can be no civil effects for that party.  Therefore, it is important to dissolve any prior marriages before remarrying.

The Louisiana Civil Code provides that the requirements for the contract of marriage.  For example if Charley marries Matilda then gets married to Monique while still married to Monique, and then Charley’s marriage to Matilda is null and there is likely no need to hire a divorce lawyer to do further work.  

In Oliver v. Oliver, the alleged wife sought to end her marriage from her alleged husband.  Among other things, the alleged wife sought spousal support from her alleged husband.  The alleged husband filed a demand asserting that his alleged wife was married at the time of their wedding.  The alleged wife was in a common law marriage with another individual pursuant to the laws of Washington DC.  As such, a legal impediment existed between the alleged wife and alleged husband in this case.

The alleged husband raised a peremptory exception of no cause of action, a procedural tool sometimes used by a divorce lawyer.  After reviewing the evidence and considering the law, the trial court held the alleged wife was in a common law marriage at the time of her purported marriage to the alleged husband in this case.  As such, the trial court recognized the marriage to be null because she was in bad faith and thus not entitled to civil effects.

The alleged wife appealed the decision of the trial court.  The appellate court noted that the trial court’s ruling was based solely on a factual finding.  When reviewing such rulings, an appellate court must apply the manifest error standard.  Additionally, the court noted that while one cannot contract a common law marriage in Louisiana, this state does recognize common law marriages contracted in a state where such is permitted.  The appellate court determined the trial court’s judgment was not manifestly erroneous.  As such, the trial court’s decision was affirmed.

The appellate court noted that the alleged wife attempted to file to end her previous marriage from her common law husband shortly after her purported marriage to a different husband in this state.  Such action constituted knowledge of her previous marriage and therefore was in bad faith.  This lady was not going to benefit from an absolutely null marriage, though a divorce lawyer could help her get other compensation such as child support.

Will Beaumont is an attorney in New Orleans, La and provides this article as information to the general public.  This is not meant to be taken as legal advice.