Terms Used In Louisiana Revised Statutes 9:301

  • Contract: A legal written agreement that becomes binding when signed.
  • person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10

A.  The spouse of a person presumed dead, as provided in La. Rev. Stat. 9:1441, may petition the district court of the parish in which the petitioner is domiciled for authority to contract another marriage.  Upon the submission of proof that the petitioner is domiciled in the parish, and that the other spouse is presumed dead, the court may authorize petitioner to contract another marriage.  The presumption of the death of petitioner’s spouse may be proved as provided in La. Rev. Stat. 9:1443.  

B.  The judgment of court authorizing the petitioner to contract another marriage has the effect of terminating the marriage to the person presumed dead if he is alive at the time.  

Acts 1990, No. 1009, §§7, 9, eff. Jan. 1, 1991.