Marriage Ceremonies
Justices of the Peace are authorized to perform marriage ceremonies in Louisiana. This ministerial 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.
Authority to Perform Marriages
Section titled “Authority to Perform Marriages”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.
Territorial Jurisdiction
Section titled “Territorial Jurisdiction”A JP’s authority to perform marriages extends to:
- Home parish — The parish containing the JP’s ward or district
- Same Supreme Court district — Any parish within the same Louisiana Supreme Court district
- Parishes without JP courts — Parishes that do not have Justice of the Peace courts, except Orleans Parish
This territorial authority allows JPs to perform ceremonies in multiple parishes, provided the parish falls within one of these categories.
Retired JPs
Section titled “Retired JPs”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 the Ceremony
Section titled “Before the Ceremony”Before performing any marriage, the JP is required to verify that all legal requirements are satisfied.
Marriage License
Section titled “Marriage License”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:
- Validity — The license is required to be unexpired
- Names — The names on the license are required to match the parties present
- Date issued — Verify the license was issued within the allowable timeframe
Waiting Period
Section titled “Waiting Period”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.
Impediments to Marriage
Section titled “Impediments to Marriage”The JP is required to be satisfied that no legal impediment exists that would prevent the marriage. Impediments include:
- Existing marriage — Either party is currently married to another person
- Close family relationship — The parties are related within prohibited degrees
- Lack of consent — Either party is unable to give free consent
If the JP has knowledge of any impediment, the JP is required to refuse to perform the ceremony.
Personal Appearance
Section titled “Personal Appearance”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.
Marriages Involving Minors
Section titled “Marriages Involving Minors”Special requirements apply when one or both parties is under the age of eighteen.
Ages Sixteen and Seventeen
Section titled “Ages Sixteen and Seventeen”A minor who is sixteen or seventeen years old may marry with written consent from:
- Both parents (if both are living and have custody), OR
- The parent who has legal custody (if one parent has sole custody), OR
- The tutor or legal guardian (if no parent has custody)
The consent is required to be in writing and presented to the JP before the ceremony.
Under Age Sixteen
Section titled “Under Age Sixteen”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.
Verification
Section titled “Verification”The JP typically:
- Verifies the minor’s age from the marriage license
- Obtains written parental consent (for ages 16-17) or court order (under 16)
- Retains a copy of the consent or order with the JP’s records
The Ceremony
Section titled “The Ceremony”The JP has discretion regarding the format and words of the marriage ceremony, provided certain requirements are met.
Essential Elements
Section titled “Essential Elements”The ceremony is required to include:
- Declaration of intent — Each party is required to declare their intent to marry the other
- Exchange of consent — Each party is required to consent to take the other as spouse
- Pronouncement — The JP is required to pronounce the parties married
Witnesses
Section titled “Witnesses”The ceremony is typically conducted in the presence of at least two competent witnesses. The witnesses will sign the marriage certificate.
Location
Section titled “Location”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.
Form of Ceremony
Section titled “Form of Ceremony”The JP may use any appropriate words for the ceremony. A typical ceremony includes:
- Welcome and statement of purpose
- Questions to each party confirming intent and consent
- Exchange of vows (optional, at the parties’ preference)
- Exchange of rings (optional)
- Pronouncement of marriage
- Signing of the certificate
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.
Marriage Certificate
Section titled “Marriage Certificate”After the ceremony, the JP is required to properly complete and file the marriage certificate.
Completing the Certificate
Section titled “Completing the Certificate”The JP is required to fill in:
- Names of the parties
- Date and location of the ceremony
- Names of the witnesses
- JP’s signature and official title
Certificate to the Couple
Section titled “Certificate to the Couple”The JP provides one certificate to the couple as proof of marriage.
Filing Requirements
Section titled “Filing Requirements”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.
Record Retention
Section titled “Record Retention”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.
Amount
Section titled “Amount”The fee typically reflects the parish’s usual and customary rate. There is no statewide fee schedule — fees vary by parish and by JP.
Collection
Section titled “Collection”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.
No Required Ceremony
Section titled “No Required Ceremony”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.
What JPs Cannot Do
Section titled “What JPs Cannot Do”Cannot Waive Requirements
Section titled “Cannot Waive Requirements”The JP cannot waive statutory requirements such as:
- The marriage license requirement
- The personal appearance requirement
- The parental consent requirement for minors
Cannot Perform Void Marriages
Section titled “Cannot Perform Void Marriages”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.
Cannot Perform Ceremonies Outside Jurisdiction
Section titled “Cannot Perform Ceremonies Outside Jurisdiction”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.
Practical Considerations
Section titled “Practical Considerations”Scheduling
Section titled “Scheduling”Many JPs perform marriages by appointment. Some JPs may be willing to perform ceremonies on weekends or evenings for an additional fee.
Ceremony Location
Section titled “Ceremony Location”JPs commonly perform ceremonies at:
- The JP’s office or courtroom
- The couple’s home
- Outdoor locations within the parish
- Wedding venues
The JP typically ensures the location is within territorial jurisdiction.
Recommended Documentation
Section titled “Recommended Documentation”Before the ceremony, JPs typically request:
- Valid marriage license
- Government-issued identification for both parties
- Written parental consent (if either party is 16-17)
- Court order (if either party is under 16)
Record Keeping Practices
Section titled “Record Keeping Practices”Maintaining a log of all marriages performed is recommended, including:
- Date of ceremony
- Names of parties
- License number
- Date certificate filed
Related Topics
Section titled “Related Topics”- Ministerial Duties — Overview of JP administrative functions
- Notarial Authority — Ex officio notary powers