Learn whether your Louisiana marriage can be declared null, what grounds qualify, and what happens after.
An annulment is a court order that says a marriage is legally invalid. Judges can grant an annulment (also called a "declaration of nullity" in Louisiana) only on specific grounds, such as bigamy and coercion.
This article focuses on civil annulments, which shouldn't be confused with religious annulments, which can be issued only by a church or clergy member and have no legal effect on your marital status.
Here's an overview of how civil annulments work in Louisiana, including who qualifies, how to file, and what happens after a judge declares a marriage null.
What Is a Null Marriage in Louisiana?
Nullifying a marriage is different from divorcing in Louisiana. A divorce legally ends a valid marriage. A null marriage is a marriage that was never valid in the first place. If there is a reason your marriage shouldn't have been valid from the start, you may be eligible to have your marriage annulled. (Learn more about the differences between annulment and divorce.)
In Louisiana, there are two types of null marriages. An "absolutely null marriage" is null from the date of marriage. A "relatively null marriage" is valid until a judge declares it null. (La. Civ. Code arts. 94, 95 (2026).)
What Marriages Are Absolutely Null in Louisiana?
Absolutely null marriages in Louisiana include marriages involving:
- bigamy (one spouse was already married)
- incest (the spouses are closely related)
- an improper marriage ceremony, or
- an underage spouse.
(La. Civ. Code arts. 88, 90, 90.1, 91, 94 (2026).)
What Marriages Are Relatively Null in Louisiana?
Relatively null marriages in Louisiana include marriages involving:
- coercion (one spouse was forced into the marriage), or
- incapacity (one spouse didn't freely consent to the marriage due to intoxication or a mental condition at the time of the ceremony).
A relatively null marriage can be "cured," meaning it can become a valid marriage if the couple continues to live together after the legal reason for the nullity is discovered or resolved.
(La. Civ. Code arts. 93, 95 (2026).)
What Happens After an Annulment in Louisiana?
When a judge declares your marriage null, it means you and your spouse were never legally married.
In Louisiana, the spouse who didn’t know about the grounds for nullity can still have the benefits of a valid marriage—called a "putative marriage"—meaning the innocent spouse can still ask for alimony and a share of the community property.
A child born of a null marriage keeps the same legal status as any other child of a marriage. The child is still presumed to be the legal child of both spouses, and the same rules that apply to child custody and child support in a divorce apply when a marriage is declared null.
(La. Civ. Code arts. 96, 97, 151, 152, 185, 186; La. Rev. Stat. § 9:315 (2026).)
How Do I Get My Marriage Annulled in Louisiana?
To have your marriage declared null, you typically have to file a “Petition to Annul Marriage” in the district court of the parish where either you or your spouse live. The court will require proof of your grounds for annulment, and a judge will ultimately decide whether to grant it. If the judge agrees, the judge signs a judgment declaring the marriage null, which can also address related issues like alimony, child support, custody, and property division.
Because the filing requirements can vary by parish, contact the court clerk in your parish to see what local forms and procedures apply. The safest way to ensure that your petition is filed correctly and your rights are protected is to work with a local divorce lawyer.
If you can't afford a lawyer, contact LouisianaLawHelp.org or the Louisiana State Bar Association's Lawyer Referral Service for free or low-cost legal help, or check whether your parish has a self-help resource center for family law matters.
