Same-sex couples in Louisiana face unique challenges when it comes to divorce. Understanding the specific laws and requirements surrounding same-sex divorces is crucial for navigating this complex legal process.
While same-sex couples can divorce in the state of Louisiana, they may face complications when dealing with such delicate matters as custody of their children. If you plan to file for a divorce, consider hiring an LGBTQ divorce attorney.
An experienced same-sex divorce lawyer from The Louisiana Family Law Firm can help explain the nuances of these divorces in the state and protect your best interests during the proceedings.
Let’s look at things you need to know when filing for a same-sex divorce in Louisiana.
Requirements for Same-Sex Divorce in Louisiana
In Louisiana, you need to meet specific residency requirements before filing for a same-sex divorce. One or both parties must have lived in the state for at least six months.
Once you file for a divorce, there is a mandatory waiting period of 180 days if you have children and 365 days for childless couples.
Louisiana is a no-fault divorce state. You do not need to prove any wrongdoing on the part of your spouse to get a divorce. You or your same-sex divorce lawyer merely need to show that you have an irretrievably broken marriage.
However, this is only possible if you and your spouse agree on such matters as spousal support and child custody. You may have to file for an at-fault divorce if you have any disagreements.
Legal Process for Same-Sex Divorce
The legal process for same-sex couples isn’t different from the process that different-sex couples have to go through. It starts with filing a petition for divorce in the parish where you or your spouse reside. The petition must include information such as the date of marriage, reason for divorce, and any requests regarding property division, alimony, or child custody.
In Louisiana, the community property law determines the division of assets and debts. The court will equally distribute all assets and debts acquired during marriage between the spouses.
The court will always prioritize the best interests of each child in child custody and support, including considering the ability of each parent to provide a safe and stable environment.
Rights and Considerations in Same-Sex Divorce
Similar to a different-sex couple divorce, the Louisiana law guarantees that both parties in a same-sex divorce have equal property rights.
In alimony and spousal support, Louisiana law considers several factors, including the length of the marriage, each spouse’s earning capacity, and each party’s need for support.
Parental rights can be a complicated area in same-sex divorces, mainly if one spouse is a biological parent and the other is not. To navigate these nuances, you need to consult an experienced LGBTQ divorce lawyer, especially if you aren’t a biological parent of the child you want full or shared custody of.
The Louisiana Family Law Firm – Your Legal Partner
At The Louisiana Family Law Firm, our experienced LGBTQ divorce lawyers are well-versed in issues surrounding same-sex divorces. We understand all the complexities and sensitivities and work hard to protect your rights.
Our firm believes in the importance of having legal representation in divorce proceedings. A same-sex divorce lawyer possesses in-depth knowledge of the local divorce laws and helps guide you through the process.
If you require assistance with a same-sex divorce, we encourage you to speak with our team at The Louisiana Family Law Firm. Don’t wait until the divorce becomes too complex to handle.
For inquiries or further details about your case, contact Louisiana Family Law Firm. Our team is here to assist you.
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