Legal Corner: How does one go about annulling a marriage in Louisiana?

LAKE CHARLES, La. (KPLC) - Legal Corner answers viewers’ civil legal questions.

QUESTION: How does one go about annulling a marriage in Louisiana?

ANSWER: Louisiana Civil Code article 94 explains absolutely null marriage as a marriage contracted without a marriage ceremony, by procuration, or in violation of an impediment. A judicial declaration of nullity is not required, but an action to recognize the nullity may be brought by any interested person.

Relatively null marriage is defined in Louisiana Civil Code article 95 as one in which the consent of one of the parties to marry is not freely given. Such a marriage may be declared null upon application of the party whose consent was not free. The marriage may not be declared null if that party confirmed the marriage after recovering his liberty or regaining his discernment.

The grounds for a null marriage in Louisiana are as follows:

• bigamy - one spouse was already married
• incest - the spouses are related as first cousins or closer
• coercion, fraud or duress - one spouse was coerced into the marriage
• minority - one spouse was underage at the time of the marriage
• one spouse is mentally retarded
• one spouse was intoxicated during the marriage
• one spouse was not present for the marriage ceremony, and
• the spouses did not have a proper marriage ceremony.

Absolutely null marriages include marriages where one spouse is already married, the spouses have no ceremony, one spouse is already married, or the spouses are related as first cousins or closer.

Relatively null marriages include those where one party did not consent or was unable to consent to the marriage: one spouse is underage, is mentally retarded, was intoxicated, was not present for the marriage, or was coerced into the marriage. If spouses have a relatively null marriage, it can become a valid marriage if the spouse who did not consent to the marriage later gives their consent.

In Louisiana, you need to file a “Petition to Annul Marriage” in the district court of the parish where either you or your spouse live. Your petition for annulment has to include certain information. Your petition should list both spouses' names, the city and state where you were married, and the legal grounds that make your marriage eligible to be declared null. If you want the court to award you alimony, child support, or a division of the property you and your spouse have, you should state that in the petition as well.

After you file your petition with the district court, you will need to “serve” your spouse with a copy of the petition (make sure someone delivers the paperwork to your spouse).

You will have a hearing before a judge who must decide if you have proven that your marriage should be annulled. If the judge agrees, the judge will sign a judgment declaring your marriage null.

QUESTION: The Department of Revenue has sent me a notice saying that my driver’s license or hunting license might be suspended or revoked because of non-payment of taxes. What grants the Louisiana Department of Revenue the right to take this action?

ANSWER: The suspension and denial of renewal or issuance of driver’s licenses is authorized by Louisiana Revised Statutes 47:296.2 in the case of income tax liabilities of more than $1,000.00. The suspension, revocation, and denial of issuance of hunting and fishing licenses are authorized by Louisiana Revised Statutes 47:296.3 in the case of tax liabilities of more than $500.00.

§296.2. Suspension and denial of renewal of drivers' licenses

A. A suspension and renewal of a driver’s license shall be denied if the Department of Revenue has an assessment or judgment against an individual that has become final and nonappealable if the amount of the final assessment or final judgment is in excess of one thousand dollars of individual income tax, exclusive of penalty, interest, costs, and other charges.

B. The suspension and denial shall be effective until such time as the individual has paid or made arrangements to pay the delinquent tax, interest, penalty, and all costs and the Department of Revenue notifies the Department of Public Safety and Corrections, office of motor vehicles, of the payment or arrangement to pay.

C. In the case of a spouse who qualifies for liability relief under the innocent spouse provisions in R.S. 47:101(B)(7) and 1584, the provisions of this Section shall not apply.

D. The secretary of the Department of Revenue, in cooperation with the secretary of the Department of Public Safety and Corrections, shall adopt and promulgate rules and regulations in accordance with the provisions of the Administrative Procedure Act to effectuate the orderly and expeditious suspension and denial of renewal and reissuance of drivers' licenses in accordance with the provisions of this Section.

§296.3. Suspension, revocation, or denial of hunting and fishing licenses

A. Hunting or fishing licenses shall be suspended, revoked, or denied at such time as the Department of Revenue has an assessment or judgment against an individual that has become final and nonappealable, if the amount of the final assessment or final judgment is in excess of five hundred dollars of individual income tax, exclusive of penalty, interest, costs, and other charges.

B. The suspension, revocation, or denial shall be effective until such time as the individual has paid or made arrangements to pay the delinquent tax, interest, penalty, and all costs and the Department of Revenue notifies the Department of Wildlife and Fisheries of the payment.

C. In the case of a spouse who qualifies for liability relief under the innocent spouse provisions in R.S. 47:101(B)(7) and 1584, the provisions of this Section shall not apply.

D. The secretary of the Department of Revenue, in cooperation with the secretary of the Department of Wildlife and Fisheries, shall adopt and promulgate rules and regulations in accordance with the provisions of the Administrative Procedure Act to effectuate the orderly and expeditious suspension, revocation, or denial, and reissuance of hunting and fishing licenses in accordance with the provisions of this Section.

After my licenses are suspended, what must be done to reinstate them?

Once a taxpayer is in compliance, the Department of Revenue will notify the appropriate license-issuing agency that the taxes have been paid or arrangements have been made to pay his or her delinquent individual income tax, interest, penalties, and all costs. A clearance letter will be issued to the taxpayer that must be submitted to the license-issuing agency. The license-issuing agency may charge a fee for license reinstatement.