Divorce Lawyer: Civil Effects in Louisiana of a Previous Marriage

Sometimes couples are in a hurry to get hitched, and they do not hire a divorce lawyer to end their previous marriage.  Before marrying an individual previously married, it is essential to determine whether he or she has had his or her prior marriage dissolved. Remarrying does not ‘cancel’ the previous marriage.  As a matter of law, Louisiana does not allow a party with a prior un-dissolved marriage to remarry.  Hence, a party must dissolve the prior marriage before remarrying.

In previous blogs, we have talked about ‘good faith’ and how it’s a determinative factor in granting spousal support.  Good faith also is important to a divorce lawyer because of the putative marriage doctrine.  The putative marriage doctrine asserts that a spouse who is in good faith can have civil effects of an absolutely null marriage.  Spouses who marry a spouse with a prior un-dissolved marriage usually invoke this doctrine.  If a party marries another and had no way of knowing that he was previously married, then he or she may be entitled to civil effects of the marriage pursuant the putative marriage doctrine.

However, the doctrine has limitations.  A party in bad faith may not be able reap benefits of an absolutely null marriage.  For example, a party who was aware of his or her spouse’s prior un-dissolved marriage but married him anyway, could be barred from civil effects of the marriage.  In Louisiana, a party attacking the validity of a marriage has the burden of proof.  The trial court analyzes the facts and law, and then renders a judgment.

In an effort to illustrate how such proceedings work, here are a few easy-to-understand examples.  Sam and Lilly met in high school.  They did everything together.  After high school, they got married.  They purchased a home and had a child together.  After 5 years of a rosy cozy relationship, things started to go down-hill.  Sam lost and job and turned to the bottle.  While drinking at a bar, he met Gullible Gill.  They immediately fell in love, but did not hire a divorce lawyer.  Gullible Gill had no reason to know and in fact did not know Sam was married.  The two eloped and got married.  After 2 years, Gullible Gill files to end the marriage.  Unbeknownst to her, she discovers Sam has a prior un-dissolved marriage.

Will a court award her spousal support?  The trial court may consider all the evidence surrounding both ‘purported marriages.’  If Gullible Gill’s divorce lawyer proves her good faith, then she will be protected by the putative marriage doctrine.  However, Sam could be precluded from seeking spousal support since he was in bad faith.  The putative marriage doctrine does not protect parties who are in bad faith.  Let’s say Gullible Gill remarries to another person, but still seeks spousal support from Sam.  The court will deny such motion because civil effects terminate when the good faith party remarries.

It is essential to determine whether or not your significant other has been previously married. While it may seem trivial at first glance, an un-dissolved marriage can have harmful financial impacts that your divorce lawyer may not be able to help you with.  And although the putative marriage doctrine will protect a good faith party, it is better to find out of any previous marriages beforehand.