Divorce Attorney - Analyzing Louisiana’s Putative Marriage Doctrine
Just because a marriage is not valid does not mean that everything is lost. There could still be some civil affects.
Let us talk about the
putative marriage doctrine in Louisiana, which sometimes comes up for a
divorce attorney. This doctrine is meant to protect a good faith party
when a marriage is “absolutely null.” First, we will explain the
meaning of an absolutely null marriage. Pursuant to the Louisiana Civil
Code, a marriage is absolutely null when procured without a ceremony,
with a legal impediment, among other reasons. The Putative Marriage
Doctrine is set forth in Louisiana Code of Civil Procedure. The
doctrine gives civil effects for a party in good faith.
A question a divorce attorney may be asked is, ‘what are civil effects?’
Civil effects encompass spousal support, interim spousal support, and
even the existence of a community property regime. Here is how it works -
First let’s start by examining the effects of a valid marriage. If two
parties contract a valid marriage in Louisiana, and they do not opt out
of community property (usually with the assistance of a divorce
attorney), then a community property regime comes into existence. If
the two parties end the marriage, then the community property regime is
terminated. Both parties can seek interim spousal support, spousal
support. However, if two parties attempt to contract a marriage knowing
of a legal impediment, making the marriage “absolutely null,” then
there is no marriage and the parties are not entitled to the civil
effects mentioned above.
So for example, Larry and Sarah know that they are still married to
their respective spouses. Nonetheless, they manage to procure a valid
marriage license in Louisiana. After 15 years of this “marriage," Sarah
hires a divorce attorney to end the marriage. Because both parties knew
of their previous un-dissolved marriage, neither party can seek civil
effects. Furthermore, a community property regime never would have
existed. Therefore, things for which they believed they could get
reimbursed under community property would be their personal loss.
What if Larry lies and tells Sarah that he has a valid judgment ending
his marriage with his previous spouse and Sarah marries him believing
this? This is when the putative marriage doctrine kicks in. If Sarah
is in good faith all the way through, then she can seek civil effects of
the absolutely null marriage. Hence, even though there was never a
marriage, she can still get spousal support, interim spousal support,
and half the ‘community property regime.’
Why is this so important? Let’s say Larry worked for a fortune 500
company and had a pension. Money earned during the marriage contributed
to the pension is considered community property in a valid marriage.
Such is the case when a spouse is in good faith to an absolutely null
marriage. A bad faith spouse is not protected under the putative
marriage doctrine. Thus, Larry would not be able to seek anything from
Sarah. It is important to know that same sex marriages in Louisiana
produce no civil effects.
If you believe that you are a good faith party to an absolutely null
marriage, then it is advised that you speak to a divorce attorney, as
the above is not legal advice, rather simply informational. Will
Beaumont works out of New Orleans.
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A Metairie divorce attorney is a professional in the field of family law. If you require these services visit: Beaumont Divorce of Metairie, 3814 Veterans Memorial Blvd #302, Metairie, LA 70002, (504) 834-1117 or Beaumont Divorce, 3801 Canal Street #207, New Orleans, LA 70119, (504) 483-8008.
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