A Primer on Divorce in Louisiana

Abstract

In Louisiana, a marriage can be terminated by the death of either spouse, a divorce, a judicial declaration of nullity when the marriage itself is relatively null, or the issuance of a court order authorizing the spouse of a person presumed dead to remarry. Death terminates a marriage as of the date provided on a doctor’s certification of death or provided in a judicial declaration of death. Judicial declarations of nullity, which are necessary when a marriage is relatively null, likewise terminate a marriage and are discussed in the primer on marriage. A special provision exists that provides for termination of a marriage when a court order is issued authorizing the spouse of a service member who is presumed dead to remarry. Even if the service member is later found to be alive, the judgment authorizing the spouse to remarry has the effect of terminating the marriage regardless.