Does Louisiana recognize a common law marriage with Texas?


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Submit your questions to [email protected]. Civil affairs only, please.

Question: “If you get married in Texas, common-law or otherwise, is it true that the law in Louisiana does not recognize marriage so that one spouse does not have to support the other during a separation or death? ‘a divorce ? “

Responnse: No, it is not true that the law in Louisiana does not “recognize” the marriage – as long as it is a valid and recognizable marriage in Texas, then Louisiana will respect – as required by the clause of full faith and credit – and the spouse will have the same rights and obligations as if they were married in Louisiana.

This issue is constitutional and is addressed in Article IV, known as the “full faith and credit” clause regarding whether a state should recognize the lawsuits of another state. The article says that each state must respect “the public documents, records and legal proceedings of any other state.”

This becomes particularly relevant in family law because state laws often differ. For example, at one time, some states did not recognize interracial marriages; also, at one time, same-sex marriages were not universal. The Supreme Court later ruled that all state laws prohibiting interracial or same-sex marriages were unconstitutional, so these questions are no longer relevant. However, common law marriages are still recognized in some states, but not in others (nine states and the District of Columbia currently recognize common law marriages). And Texas – the crux of your question – is one of those states.

Question: “I know someone who received a warning about catching an ‘out of season’ saltwater fish. I thought the Gulf was open all year?

Responnse: When you say “saltwater fish”, be aware that there are actually four categories of saltwater fish: (1) coastal common (reds, trout, plaice) (2) reef fish (grouper, amberjack ) (3) highly migratory (swordfish, marlin) and (4) crustaceans (crabs, shrimps and oysters).

There has always been a shrimp season and an oyster season. Usually the crab season is year round, but there might soon be a limit of females, depending on the harvest, so check the Wildlife and Fisheries website for updates: www.wlf .louisiana.gov

The other categories differ from species to species whether or not there is a season, or can be taken “all year round”. On the site, go to the section “Regulations and fishing seasons”, then click on “Recreational fishing” then on “Seasons and limits in salt water”. They’re listed by category, then by individual species – and you can see when it’s legal to take each fish.

Disclaimer: The information provided in this answer is general and may not apply in some situations. All legal situations are unique. No one should trust these answers to their detriment. Anyone with a potential legal problem should seek the advice of a licensed lawyer before taking any action or inaction. The answers provided are not intended to be specific legal advice and no attorney-client relationship is created between SWLA Law Center and KPLC-TV viewers.

Copyright 2019 KPLC. All rights reserved.

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