Legal Question in Family Law in Louisiana

Marriage laws

If someone is convinced to marry in Texas but both reside in Louisiana...which laws do they follow? Louisiana laws state in order for a marriage to be legal it must be performed by someone licensed or ordained into the ministry. Texas law states ''all marriages are valid...even by someone who is unauthoried to do so...everyones word of ''good faith'' is accepted. What if this trickery was to embezzle someone's funds...does that stand grounds of a civil suit? or what?

Asked on 9/12/02, 10:45 am

2 Answers from Attorneys

Andrew Casanave Andrew M. Casanave

Re: Marriage laws

It may not matter which law applies.

First, in Louisiana if a marriage is null but one of the "spouses" entered the marriage in good faith (your victim in this matter) then that person is a putitive spouse. A putative spouse has all of the rights of a true spouse and, unless both spouses are in good faith, none of the responsibilities.

Further, as the "funds" probably preceeded the "marriage" they never were community property.

Seek a lawyer immediately.

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Answered on 9/12/02, 1:16 pm
Michele Veade Michele Veade

Re: Marriage laws

I am unfamiliar with the residency requirements for a valid marriage in Texas, but, as I understand it, the person performing the ceremony does not have to actually be licensed, but both parties to the marriage must believe that the person is authorized to perform the ceremony. It probably cannot be invalidated simply because of a lack of license. However, if one party knew that the person performing the marriage was not licensed, you may have recourse. There is always the possibility that the innocent spouse can bring a civil suit for fraud. If both parties are domiciled in Louisiana, then Louisiana laws must be followed.

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Answered on 9/12/02, 5:58 pm

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