Louisiana Annulment Laws: Absolute and Relative Nullity (2026)

Louisiana's Civil Code does not use the word annulment for its grounds. It speaks of the nullity of a marriage: a marriage is either absolutely null under Civil Code article 94 or relatively null under article 95. The court case is called an action for annulment of marriage in the Code of Civil Procedure (art. 3941), and it is filed in a parish where either spouse is domiciled or in the parish of the last matrimonial domicile.

Information last verified on 2026-10-08. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers civil nullity of marriage under the Louisiana Civil Code (articles 88 and 90 to 97, article 101, and the provisions on support and divorce it mentions), La. R.S. 9:211, the marriage-age rules in Children's Code articles 1545 and 1547, and venue under Code of Civil Procedure article 3941. It does not cover divorce, covenant-marriage divorce grounds, religious annulment, or the law of any other state.

What Louisiana Calls an Annulment

Louisiana is a civil-law state, and its Civil Code frames annulment as nullity. There are two kinds:

• Absolute nullity (art. 94): the marriage was contracted without a ceremony, by proxy, or in violation of an impediment, and no court ruling is needed for it to be null.
• Relative nullity (art. 95): one party's consent was not free, and the marriage produces civil effects until a court declares it null at that party's request (art. 97).

Article 94 explains the first kind:

"A marriage is absolutely null when contracted without a marriage ceremony, by procuration, or in violation of an impediment. A judicial declaration of nullity is not required, but an action to recognize the nullity may be brought by any interested person." La. C.C. art. 94

The Code of Civil Procedure calls the lawsuit an "action for an annulment of marriage" (art. 3941). For ending a valid marriage, see Louisiana divorce laws.

Absolutely Null Marriages

Article 94 names three sources of absolute nullity: no ceremony, a marriage by procuration, and a violation of an impediment. The grounds covered on this page are:

Because no judicial declaration is required, an absolutely null marriage does not depend on a court ruling to be null. Any interested person may still sue to have the nullity recognized (art. 94).

For the relationship ground, La. R.S. 9:211 validates certain marriages between collaterals in the fourth degree that were entered on or before December 31, 1992 by persons 55 or older. Anyone in that situation should check the statute's exact terms with a Louisiana lawyer.

Relatively Null Marriages: Consent Not Freely Given

A relatively null marriage is one where a party did not freely consent. Article 93 defines when consent is not free:

"Consent is not free when given under duress or when given by a person incapable of discernment." La. C.C. art. 93

Article 95 sets the rules for who may sue and what ends the right:

"A marriage is relatively null when the consent of one of the parties to marry is not freely given. Such a marriage may be declared null upon application of the party whose consent was not free. The marriage may not be declared null if that party confirmed the marriage after recovering his liberty or regaining his discernment." La. C.C. art. 95

Articles 86 to 99 do not list fraud, intoxication or impotence as separate grounds of nullity. This page does not cover case law on how Louisiana courts apply the duress and discernment standards.

Underage Marriage in Louisiana

Louisiana's age rules sit in the Children's Code, not in the Civil Code's list of impediments in article 90:

• "No marriage ceremony shall be performed for a minor under the age of sixteen" (Ch.C. art. 1545(B)).
• A 16 or 17 year old may marry only with a judge's authorization, which the judge may give when there is a compelling reason, considering the minor's best interest (Ch.C. art. 1547), plus the written consent of both parents, the tutor or the custodian (Ch.C. art. 1545(A)).

Code history notes show these articles, along with Civil Code articles 96 and 2333, were amended by Acts 2019, No. 401. This page does not cover that act's text or effective date.

Article 96 refers to nullity caused by "an impediment of age," but the provisions cited here do not say whether a marriage involving someone under 16 is absolutely or relatively null. A Louisiana lawyer can address a specific case.

Good-Faith (Putative) Marriages

Louisiana protects a spouse who married in good faith without knowing of the defect. This is the putative marriage rule in article 96:

"An absolutely null marriage nevertheless produces civil effects in favor of a party who contracted it in good faith for as long as that party remains in good faith." La. C.C. art. 96

Civil effects are the legal consequences a marriage carries. Article 96 adds a rule for nullity caused by a prior undissolved marriage: the civil effects continue in favor of the other party, regardless of whether that party remains in good faith, until the marriage is pronounced null or that party contracts a valid marriage.

Children of a Null Marriage

Article 96 also protects children:

"When the cause of the nullity is an impediment of age, the marriage produces civil effects in favor of a child of the parties. When the cause of the nullity is another reason, a marriage contracted by a party in good faith produces civil effects in favor of a child of the parties." La. C.C. art. 96

For custody and support of children, see Louisiana child custody laws and Louisiana child support laws.

What Happens After a Declaration of Nullity

The timing differs between the two kinds of nullity:

• A relatively null marriage "produces civil effects until it is declared null" (art. 97), and the marriage terminates upon "a judicial declaration of its nullity" (art. 101).
• An absolutely null marriage is null without a judicial declaration (art. 94), subject to the good-faith civil effects in article 96.

Spousal support and property division are a gap in this page. Civil Code articles 105 and 111 speak of "a proceeding for divorce," and this page does not identify a provision extending those rules to a nullity action beyond the civil effects of a putative marriage. This page also does not cover name restoration after a declaration of nullity.

Where to File

Code of Civil Procedure article 3941 sets venue for annulment and divorce together:

"An action for an annulment of marriage or for a divorce shall be brought in a parish where either party is domiciled, or in the parish of the last matrimonial domicile." La. C.C.P. art. 3941(A)

Article 3941 also provides that this venue cannot be waived, and that a judgment rendered in an improper venue is an absolute nullity. This page does not cover residency or domicile requirements beyond venue.

The Law Library of Louisiana, run by the Louisiana Supreme Court, keeps a research guide on divorce, annulment and legal separation. It does not link annulment forms, and this page does not identify official annulment form names.

Annulment vs Divorce in Louisiana

A divorce ends a valid marriage. A declaration of nullity either recognizes that a marriage is absolutely null or ends a relatively null marriage, which produced civil effects until the court ruled. Couples who never had a ceremony should also read Louisiana common-law marriage, since article 91 requires a ceremony.

A church annulment and a civil declaration of nullity are separate processes, and one does not produce the other. Marriage records are covered in Louisiana marriage and divorce records.

Disclaimer: This article provides general legal information about nullity of marriage under the Louisiana Civil Code, Children's Code and Code of Civil Procedure, verified against the Louisiana State Legislature's published laws on 2026-10-08. It is not legal advice. For advice about your situation, consult a lawyer licensed in Louisiana or the Law Library of Louisiana's research guides.

Related

• Annulment laws in every state
• Louisiana divorce laws
• Louisiana common-law marriage
• Louisiana child custody laws
• Louisiana marriage and divorce records

Last updated: 2026-10-08.

Frequently Asked Questions

Can you get an annulment in Louisiana?

Yes. Louisiana calls it nullity of marriage. A marriage may be absolutely null (La. C.C. art. 94) or relatively null (art. 95), and the lawsuit is an action for annulment of marriage under C.C.P. art. 3941.

What is the difference between absolute and relative nullity of marriage in Louisiana?

An absolutely null marriage, such as one with no ceremony or a prior existing marriage, is null without a court ruling (art. 94). A relatively null marriage, where consent was not free, produces civil effects until a court declares it null (arts. 95, 97).

Is there a time limit to annul a marriage in Louisiana?

For relative nullity, art. 95 states no fixed period; the claim is lost if the party confirmed the marriage after recovering liberty or regaining discernment.

Can I annul my marriage in Louisiana if I was forced to marry?

Consent given under duress is not free (art. 93), and the party whose consent was not free may ask the court to declare the marriage null unless that party later confirmed it (art. 95).

Is a bigamous marriage valid in Louisiana?

No. A married person may not contract another marriage (art. 88), and a marriage in violation of an impediment is absolutely null (art. 94). A good-faith spouse may still receive civil effects under art. 96.

Where do I file for an annulment in Louisiana?

In a parish where either party is domiciled or in the parish of the last matrimonial domicile. That venue cannot be waived (La. C.C.P. art. 3941).

How old do you have to be to marry in Louisiana?

No ceremony may be performed for a minor under 16 (Ch.C. art. 1545(B)). A 16 or 17 year old needs judicial authorization (Ch.C. art. 1547) and the written consent of both parents, the tutor or the custodian (Ch.C. art. 1545(A)).