Louisiana imposes no mandatory waiting period between finalizing a divorce and remarrying. Once a Louisiana court signs your divorce judgment, you are legally free to obtain a new marriage license the same day. However, you must possess a certified copy of your final divorce decree when applying for a new marriage license, and your new marriage license requires a 24-hour waiting period before the ceremony can occur under La. R.S. 9:225.
This guide covers everything divorced Louisiana residents need to know about remarriage in 2026, including the documents required for a marriage license after divorce, how remarriage affects spousal support payments, special rules for covenant marriages, and the legal distinctions that make Louisiana's civil law system unique among the 50 states.
Key Facts: Remarriage After Divorce in Louisiana
| Requirement | Details |
|---|---|
| Remarriage Waiting Period | None — remarry immediately after divorce is final |
| Marriage License Fee | $27.50 (plus $5 per certified copy) |
| License Waiting Period | 24 hours after issuance |
| License Validity | 30 days from issuance |
| Divorce Decree Required | Yes — certified copy needed |
| Recent Divorce Rule | Certified Judgment of Divorce required if divorced within 30 days |
| Minimum Marriage Age | 18 (or 16-17 with parental consent and judicial authorization) |
| Spousal Support Upon Remarriage | Automatically terminated under La. Civ. Code Art. 115 |
No Waiting Period for Remarriage in Louisiana
Louisiana law permits immediate remarriage after divorce with no mandatory waiting period between your divorce finalization and your new marriage. Under Louisiana Civil Code, once the court signs your judgment of divorce, your prior marriage is legally terminated and you may apply for a new marriage license that same day. This contrasts with states like Texas, which imposes a 30-day waiting period after divorce before remarriage.
The absence of a remarriage waiting period in Louisiana stems from the state's civil law tradition, derived from the Napoleonic Code rather than English common law. Louisiana Civil Code Article 101 specifies that marriage terminates upon divorce, with no additional conditions or delays imposed before either former spouse may enter a new marriage.
Practical Timeline Example
A Louisiana resident whose divorce judgment was signed on March 15, 2026 could legally apply for a marriage license on March 15, 2026, complete the 24-hour license waiting period, and marry on March 16, 2026. The total elapsed time from divorce finalization to remarriage could be as short as 25 hours.
Marriage License Requirements for Previously Divorced Individuals
Louisiana requires specific documentation when a previously divorced person applies for a marriage license. The Clerk of Court will verify that your prior marriage has been legally terminated before issuing a new license. Missing or incorrect documents can delay your wedding plans by days or weeks.
Required Documents for Divorced Applicants
Divorced individuals must provide the following when applying for a Louisiana marriage license:
- Current driver's license, state ID, or passport for identification
- Certified copy of birth certificate or certified birth card
- Social Security number (or written statement if no SSN has been issued)
- Certified copy of final divorce decree showing the date of divorce
The divorce decree requirement is strictly enforced. Per Louisiana Department of Health guidelines, if you were divorced within 30 days of applying for your marriage license, you must provide a Certified Copy of your Judgment of Divorce rather than just a divorce decree. This stricter requirement ensures the divorce was actually finalized rather than merely filed.
Marriage License Fees and Processing
Louisiana marriage license fees are standardized at $27.50 payable by cash, check, money order, or credit/debit card. Each certified copy of the marriage certificate costs an additional $5. These fees are non-refundable even if the marriage does not occur.
A marriage license may be issued in any Louisiana parish regardless of where the ceremony will take place or where the parties reside. Only one party is required to appear at the Clerk of Court to purchase the license, though that person must provide documentation for both parties.
24-Hour License Waiting Period
Louisiana requires a 24-hour waiting period between marriage license issuance and the wedding ceremony under La. R.S. 9:225. This waiting period can be waived by a district judge or justice of the peace. In Orleans Parish, any person authorized to solemnize marriages may waive the 24-hour waiting period for nonresidents of Louisiana who choose to marry in Orleans Parish.
The marriage license expires 30 days from the date of issuance. If the ceremony does not occur within 30 days, the couple must apply for a new license and pay the fee again.
How Remarriage Affects Spousal Support in Louisiana
Remarriage immediately and automatically terminates all spousal support obligations in Louisiana. Under Louisiana Civil Code Article 115, the obligation of interim spousal support or final periodic support is extinguished upon the remarriage of the obligee (the person receiving support). No court filing is required — the termination occurs automatically by operation of law on the date of remarriage.
This automatic termination applies to both interim spousal support (paid during divorce proceedings) and final periodic support (paid after divorce is finalized). The paying spouse may stop payments immediately upon the recipient's remarriage, though formal notification to the court is recommended for documentation purposes.
Three Ways Spousal Support Terminates Under Article 115
| Termination Event | Automatic? | Court Filing Required? |
|---|---|---|
| Remarriage of recipient | Yes | No (notification recommended) |
| Death of either party | Yes | No |
| Cohabitation "in the manner of married persons" | No | Yes — judicial determination required |
Cohabitation vs. Remarriage
While remarriage automatically terminates spousal support, cohabitation requires a judicial determination. The paying spouse must file a motion and prove in court that the recipient is living with a new partner "in the manner of married persons" under La. Civ. Code Art. 115. Louisiana courts examine factors including shared residence, pooled finances, joint bank accounts, shared household responsibilities, and public representation as a couple. Casual dating, overnight visits, or a roommate arrangement does not meet this standard.
Paying Spouse's Remarriage Has No Effect
Importantly, if the paying spouse remarries, this does not automatically reduce or terminate their alimony obligation. The paying spouse cannot claim that new household expenses from a second marriage justify reducing support to their former spouse. Only the recipient's remarriage, death, or proven cohabitation terminates the support obligation.
Divorce Requirements Before Remarriage
Before you can remarry in Louisiana, your divorce must be completely finalized. Understanding Louisiana's unique two-path divorce system helps clarify when you become legally eligible for remarriage.
Article 102 vs. Article 103 Divorce Comparison
| Feature | Article 102 Divorce | Article 103 Divorce |
|---|---|---|
| When to file | Before separation period complete | After separation period complete |
| Waiting period | Runs after filing/service | Already satisfied |
| No children: separation | 180 days | 180 days |
| With minor children: separation | 365 days | 365 days |
| Process | Two-step (file, wait, then motion) | One-step (immediate finalization) |
| Community property | Terminates retroactively at filing | Terminates at divorce |
Under Louisiana Civil Code Article 102, one spouse files a petition for divorce before the required separation period has elapsed. The waiting period then runs after service of the petition. This path requires a two-step process: filing the initial petition, waiting the required time, then filing a motion asking the court to grant the divorce.
Under Louisiana Civil Code Article 103, the spouses have already lived separate and apart for the required period before filing. This path allows immediate finalization after filing because the separation requirement has already been satisfied.
Separation Period Requirements
Louisiana Civil Code Article 103.1 establishes the following mandatory separation periods:
- 180 days of continuous separation when there are no minor children of the marriage
- 365 days of continuous separation when there are minor children of the marriage
- 180 days if there is physical or sexual abuse (regardless of children)
Fault-Based Divorce With No Waiting Period
Louisiana provides fault-based divorce grounds under Article 103 that eliminate the separation waiting period entirely:
- Adultery by the other spouse
- Commission of a felony resulting in death sentence or imprisonment at hard labor
These fault-based divorces can be finalized immediately upon proof, making the path from marriage to divorce to potential remarriage significantly shorter in cases of proven adultery or felony conviction.
Covenant Marriage: Special Rules for Divorce and Remarriage
Louisiana was the first state to enact covenant marriage legislation in 1997 under La. R.S. 9:272-275. Covenant marriage is a legally distinct form of marriage with stricter requirements for both entering and exiting the marriage. Approximately 2% of Louisiana marriages are covenant marriages.
Divorce Grounds in Covenant Marriage
Couples in a covenant marriage can only divorce under limited circumstances, which differ substantially from the no-fault options available in standard marriages:
- Adultery by the other spouse
- Commission of a felony resulting in death sentence or imprisonment
- Abandonment for at least one year
- Physical or sexual abuse of a spouse or child
- Living separately for two years continuously
- Living separately for 18 months after judicial separation (with minor children)
- Living separately for one year after judicial separation (no minor children or abuse involved)
Pre-Divorce Counseling Requirement
Before filing for divorce from a covenant marriage, Louisiana law requires the filing spouse to receive counseling. This counseling requirement reflects the covenant marriage's underlying philosophy that couples should attempt reconciliation before divorce.
Remarriage After Covenant Marriage Divorce
Once a covenant marriage is legally dissolved through the courts, there is no additional waiting period before remarriage. The divorced individual may remarry immediately, just like someone divorced from a standard Louisiana marriage. The covenant marriage restrictions apply to obtaining the divorce, not to subsequent remarriage.
Converting to Covenant Marriage
Couples already married under standard Louisiana marriage law may convert their marriage to a covenant marriage by executing a Declaration of Intent and receiving counseling. This option allows couples to voluntarily adopt the stricter divorce standards of covenant marriage.
Community Property Considerations When Remarrying
Louisiana is one of nine community property states, meaning assets and debts acquired during marriage belong equally to both spouses. Understanding community property rules is essential when planning remarriage, particularly regarding asset protection and retirement benefits.
How Property Division Affects Remarriage Planning
Under Louisiana community property law, assets acquired during the marriage by either spouse are presumed to belong to both spouses equally. During divorce, Louisiana courts divide community property 50/50 unless the spouses agree to a different allocation. This equal division applies to income earned during marriage, real estate purchased with marital funds, vehicles and major household items bought during the marriage, and retirement contributions made during the marriage.
When remarrying, previously divorced individuals should understand that property they bring into the new marriage as separate property (from the prior divorce settlement) can become commingled with new community property if not properly documented and maintained separately.
Retirement Benefits and QDRO Considerations
Retirement benefits accumulated during a prior marriage may be subject to division with a former spouse through a Qualified Domestic Relations Order (QDRO). Louisiana courts treat 401(k) accounts, IRAs, employer pensions, and stock options as community property if contributed to during the marriage. A former spouse may retain an interest in your retirement benefits even after remarriage.
Before remarrying, ensure all QDRO orders from your prior divorce are properly executed and that retirement plan administrators have received the necessary documentation. Your new spouse's potential survivor benefits may be affected by existing obligations to a former spouse.
Prenuptial Agreements for Second Marriages
Louisiana law permits prenuptial agreements that establish how specific assets, business interests, or future income will be treated if the new marriage ends in divorce. Given the complexity of community property rules, many remarrying individuals in Louisiana execute prenuptial agreements to protect assets from a prior divorce settlement, keep family inheritance separate from the new community property regime, establish clear property division terms if the new marriage fails, and protect children from a prior marriage.
Age Requirements for Marriage in Louisiana
Louisiana law establishes clear age requirements for marriage that apply regardless of whether either party was previously divorced.
Standard Age Requirements
- Age 18 or older: May marry without restrictions
- Age 16 or 17: May marry only with both parental consent and judicial authorization
- Under age 16: Cannot marry under any circumstances
Restrictions on Age Differences
Louisiana law prohibits marriage between a minor (16-17 years old) and an adult where there is an age difference of three years or greater. A 21-year-old cannot legally marry a 17-year-old in Louisiana, even with parental consent and judicial authorization.
These restrictions were enacted in 2019 when Louisiana established a minimum marriage age of 16 for the first time. Previously, Louisiana had no minimum age for marriage, though minors under 18 needed parental consent and those under 16 needed judicial permission.
Filing Fees and Court Costs for Divorce in Louisiana
Understanding divorce costs helps with financial planning for those considering remarriage. Louisiana divorce filing fees vary by parish, and total divorce costs depend on whether the case is contested or uncontested.
Filing Fees by Parish (As of March 2026)
| Parish | Filing Fee Range |
|---|---|
| Orleans Parish | $350-$400 |
| Jefferson Parish | $300-$350 |
| East Baton Rouge | $325-$375 |
| Caddo Parish | $275-$325 |
| St. Tammany Parish | $410 |
| Rural parishes | $200-$250 |
Note: Verify exact fees with your local parish clerk of court before filing, as fees may change.
Additional Divorce Costs
Beyond the initial filing fee, divorce costs include service of process ($25-$100 for sheriff or process server), certified copies ($2-$5 per page), mediation fees ($100-$300 per hour if required), and attorney fees ($800-$2,500 for uncontested divorce document preparation).
Fee Waiver Options
Individuals who cannot afford filing fees may request a fee waiver by filing a Petition to Proceed In Forma Pauperis. Households earning below 125% of federal poverty guidelines typically qualify. For 2026, this threshold is $18,075 for individuals or $36,900 for a family of four.
Frequently Asked Questions About Remarriage After Divorce in Louisiana
How soon can I remarry after my divorce is final in Louisiana?
You can remarry immediately after your Louisiana divorce is finalized — there is no waiting period. Once the judge signs your divorce judgment, your marriage is legally terminated under Louisiana Civil Code Article 101 and you may apply for a new marriage license that same day. The only delay is the 24-hour waiting period between receiving your marriage license and the ceremony.
Do I need to bring my divorce papers when applying for a marriage license?
Yes, Louisiana requires a certified copy of your final divorce decree when applying for a marriage license after divorce. If your divorce was finalized within the past 30 days, you must provide a Certified Copy of your Judgment of Divorce rather than just a divorce decree. The Clerk of Court will verify the divorce date before issuing your marriage license.
What happens to my alimony payments when I remarry?
Spousal support automatically terminates when the recipient remarries under Louisiana Civil Code Article 115. The termination is immediate and automatic — no court filing is required. If you are receiving alimony and remarry, your payments stop on your wedding date. If you are paying alimony and your former spouse remarries, you may cease payments immediately, though notifying the court is recommended.
Does remarrying affect my child support obligations?
Child support obligations are separate from spousal support and generally continue regardless of either parent's remarriage. Louisiana child support is calculated based on both parents' incomes and the number of children. A new spouse's income is not typically factored into child support calculations under Louisiana Child Support Guidelines.
Can I get married in a different Louisiana parish than where I live?
Yes, a marriage license may be issued in any Louisiana parish regardless of where the ceremony will be performed or where the parties reside. Only one party needs to appear at the Clerk of Court to obtain the license, though they must bring required documentation for both parties.
How long is a Louisiana marriage license valid?
A Louisiana marriage license is valid for 30 days from the date of issuance. The wedding ceremony must occur within this 30-day window. If the license expires before the ceremony, you must apply for a new license and pay the $27.50 fee again.
What if my divorce was in another state?
Louisiana recognizes divorces from all other U.S. states and most foreign countries. When applying for a Louisiana marriage license after an out-of-state divorce, bring a certified copy of your final divorce decree from the other jurisdiction. If your divorce documents are in a foreign language, you must provide a certified English translation.
Are there special rules for remarrying after a covenant marriage?
Once a covenant marriage is legally dissolved through the Louisiana courts, there is no additional waiting period before remarriage. The covenant marriage restrictions apply only to obtaining the divorce (limited grounds, counseling requirement) — not to subsequent remarriage. After a covenant marriage divorce is final, you may remarry immediately like any other divorced Louisiana resident.
Can the 24-hour marriage license waiting period be waived?
Yes, a district judge or justice of the peace may waive Louisiana's 24-hour waiting period between license issuance and the ceremony. In Orleans Parish specifically, any person authorized to solemnize marriages may waive the waiting period for nonresidents of Louisiana who choose to marry in Orleans Parish.
What is the minimum age to remarry in Louisiana?
The same age requirements apply to first marriages and remarriages. Persons 18 and older may marry without restrictions. Those aged 16-17 need parental consent and judicial authorization and cannot marry someone more than three years older. No one under 16 can marry in Louisiana under any circumstances.
Written by Antonio G. Jimenez, Esq. (Florida Bar No. 21022), covering Louisiana divorce law. This guide provides general information about remarriage after divorce in Louisiana and does not constitute legal advice. Laws and filing fees may change. Verify current requirements with your local parish Clerk of Court before taking action. Last updated: April 2026.