Justices of the Peace are authorized to perform marriage ceremonies in Louisiana. This auxiliary function — a duty performed upon request without judicial discretion — allows couples to solemnize their union before a local official. The JP’s role is to ensure legal requirements are met and to properly execute and file the marriage certificate.
Request to perform marriage
The couple presents a valid marriage license issued by a Clerk of Court to the Justice of the Peace.
Couple, two witnesses, and Justice of the Peace sign three copies of the certificate/license.
Refuse to perform ceremony due to legal defect.
A Justice of the Peace may perform marriage ceremonies upon taking the oath of office. No additional certification or training is required beyond the general JP qualifications.
A JP’s authority to perform marriages extends to:
This territorial authority allows JPs to perform ceremonies in multiple parishes, provided the parish falls within one of these categories.
A retired Justice of the Peace with at least eighteen years of service may retain the authority to perform marriages in their parish if they register with the clerk of court. This allows experienced former JPs to continue serving their communities.
Before performing any marriage, the JP is required to verify that all legal requirements are satisfied.
The JP is required to confirm that the couple possesses a valid Louisiana marriage license. The license is issued by a clerk of court and authorizes the marriage. The JP typically examines:
Louisiana law generally requires a waiting period between the issuance of the marriage license and the ceremony. The Justice of the Peace is required to verify that this waiting period has elapsed and that the license is currently valid and effective before performing the ceremony.
The JP is required to be satisfied that no legal impediment exists that would prevent the marriage. Impediments include:
If the JP has knowledge of any impediment, the JP is required to refuse to perform the ceremony.
Both parties are required to appear in person before the JP. Louisiana does not permit proxy marriages — marriages where one party is represented by another person.
Special requirements apply when one or both parties is under the age of eighteen.
A minor who is sixteen or seventeen years old may marry with written consent from:
The consent is required to be in writing and presented to the JP before the ceremony.
A minor under the age of sixteen may marry only with a court order issued by a judge of competent jurisdiction. The JP may not proceed with the ceremony for a minor under sixteen without such an order.
The JP typically:
The JP has discretion regarding the format and words of the marriage ceremony, provided certain requirements are met.
The ceremony is required to include:
The ceremony is typically conducted in the presence of at least two competent witnesses. The witnesses will sign the marriage certificate.
The JP may perform the ceremony at any location within the JP’s territorial jurisdiction — the courthouse, the JP’s office, a private venue, or another location of the parties’ choosing.
The JP may use any appropriate words for the ceremony. A typical ceremony includes:
The JP is not required to include religious elements but may do so if requested by the parties and if the JP is comfortable doing so.
After the ceremony, the JP is required to properly complete and file the marriage certificate.
The JP is required to fill in:
The JP provides one certificate to the couple as proof of marriage.
The JP is required to file two copies of the completed certificate with the official who issued the license (typically the clerk of court) within ten days after the ceremony. Failure to file timely may result in administrative complications for the couple.
The JP typically retains a copy or record of each marriage performed for the JP’s own records.
The JP may charge a fee for performing marriage ceremonies.
The fee typically reflects the parish’s usual and customary rate. There is no statewide fee schedule — fees vary by parish and by JP.
The JP may collect the fee before performing the ceremony. The fee is separate from any fee the couple paid to obtain the marriage license.
If a couple presents a valid license but the JP is unable or unwilling to perform the ceremony (for example, if the JP has a scheduling conflict), the JP is not obligated to perform the marriage. The couple may seek another authorized officiant.
The JP cannot waive statutory requirements such as:
If the JP knows of an impediment that would make the marriage void (such as an existing marriage or close family relationship), the JP is required to refuse to perform the ceremony.
The JP may not perform marriages in parishes outside the JP’s territorial jurisdiction unless the parish falls within the same Supreme Court district or has no JP courts.
Many JPs perform marriages by appointment. Some JPs may be willing to perform ceremonies on weekends or evenings for an additional fee.
JPs commonly perform ceremonies at:
The JP typically ensures the location is within territorial jurisdiction.
Before the ceremony, JPs typically request:
Maintaining a log of all marriages performed is recommended, including:
This site provides educational information about Louisiana Justice of the Peace court procedures. This is not legal advice. The information may not reflect current legal developments or apply to your specific situation.
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