Are you in an LGBT marriage and considering divorce in Ruston, LA? Hiring a knowledgeable Ruston LGBT divorce lawyer is one of the most important steps you can take. Knight Law Firm can help you navigate child custody, property division, and other divorce issues. Call (318) 726-2565 today to schedule a confidential consultation.
Our attorney brings over 20 years of legal experience to every case. We’ve represented thousands of clients in family law matters across North Louisiana, including complex divorces involving same-sex couples.
Contact our legal team today to speak with a divorce lawyer who will protect your rights and guide you through the process.
Why Choose Knight Law Firm for Help With an LGBT Divorce in Ruston?
LGBT divorces in Ruston, Louisiana, present unique issues regarding child custody, property division, and spousal support. Choosing the right attorney can make all the difference in how smoothly your divorce proceeds and whether you receive the divorce terms that are most important to you.
At Knight Law Firm, we have extensive experience handling divorce cases of all kinds. Here’s why you should choose our Ruston divorce lawyer to help with your case.
- We have more than 20 years of proven success handling family law cases throughout Louisiana.
- Proven Results in cases involving contested custody disputes, high-asset divorces, and more.
- We take the time to listen, understand your goals, and tailor our approach to meet your needs.
- We treat every client with dignity, providing honest advice and steady guidance.
Call today or reach out online for a free case review with a Ruston LGBT divorce attorney. We’re standing by to assist you.
Does Louisiana Allow Same-Sex Divorces?
Yes. Since the U.S. Supreme Court’s landmark decision in Obergefell v. Hodges (2015), same-sex marriage has been legally recognized across the United States. Louisiana courts also recognize the related right of same-sex divorce.
If you and your spouse were legally married in Louisiana or another state after 2015, your marriage is valid, and you can file for divorce in Louisiana courts.
What Are the Requirements for an LGBT Divorce in Ruston?
The process for dissolving a same-sex marriage in Louisiana is essentially the same as for any other divorce.
To file in Ruston or elsewhere in the state, you must meet specific requirements:
- Residency – At least one spouse must have lived in Louisiana for at least six months before filing for divorce.
- Separation Period – Louisiana requires couples to live separate and apart for a set period before the divorce can be finalized, including 180 days if there are no minor children and 365 days if you share minor children.
Louisiana law recognizes certain exceptions to the waiting period.
What Are the Exceptions to the Waiting Period?
You may not have to live apart if:
- Your spouse has been convicted of a felony and sentenced to hard labor or death.
- Your spouse committed adultery.
- You or your child experienced abuse and received a protective order or court injunction.
- Your spouse physically or sexually abused you or your child.
Once the waiting period (if applicable) is complete, couples can propose a divorce settlement agreement. If you and your spouse agree on all issues, your case is considered uncontested and can move forward more quickly.
If you disagree on terms, your divorce becomes contested and may require mediation, settlement negotiations, and ultimately, a trial before a judge.
Child Custody in Same-Sex Divorces in Louisiana
Child custody is often the most sensitive issue in any divorce. Under Louisiana law, custody is determined based on the best interests of the child. Courts consider factors such as stability, parental fitness, and each parent’s ability to provide for the child’s emotional and physical needs.
What Issues Can Arise in Child Custody for LGBT Divorces?
LGBTQ couples sometimes face additional challenges in child custody matters. Judges must first determine whether both spouses have legal rights to the child.
The following custody scenarios may arise in LGBT divorces:
- One spouse is the biological parent, and the other never completed a legal adoption.
- Both spouses jointly adopted the child.
- One spouse adopted the child before the marriage, and the other later became a legal parent.
If only one spouse is recognized as the child’s legal parent, custody and visitation rights for the non-legal parent can be more challenging to secure. That’s why working with an experienced divorce lawyer who can help navigate complex custody issues is critical.
Is Child Support Available in LGBT Divorces in Louisiana?
When both spouses are recognized as legal parents, Louisiana’s child support guidelines apply.
The amount of support depends on:
- The combined monthly income of both parents.
- The number of children to be supported.
- Additional expenses such as health insurance premiums, childcare costs, and extracurricular activities.
Each parent is responsible for a portion of the child support obligation based on their share of the total household income. Judges may deviate from the guidelines if unusual circumstances make the standard formula unfair.
How Does Property Division Work in a Louisiana LGBT Divorce?
Louisiana is a community property state when it comes to property division. That means that most assets and debts acquired during the marriage are considered community property and divided equally between spouses in a divorce.
Community property includes income earned during the marriage, real estate purchased together, and assets like retirement accounts and savings accumulated after the marriage date. Each spouse is generally entitled to one-half of the community estate.
Separate property includes property owned before the marriage, as well as inheritances and gifts received individually during the marriage. These assets typically remain with the original owner.
Property Division Challenges for LGBT Couples
Many same-sex couples lived together and shared property long before their marriages were legally recognized in 2015. Assets acquired during this period may not be considered marital property under Louisiana law. This can lead to disputes when dividing property accumulated over decades of partnership.
Other complicating factors include:
- Hidden assets, where one spouse may attempt to shield property from division.
- Business ownership interests, which require valuation and sometimes division.
- Retirement benefits and pensions, which may need to be divided through a qualified domestic relations order (QDRO).
- High-value assets, such as investment properties or family businesses, are not easily split.
Working with an experienced LGBT divorce attorney can help ensure that property division is handled fairly and that your financial future is protected.
Spousal Support and Alimony in LGBT Divorces
Louisiana courts may award spousal support (alimony) when one spouse demonstrates financial need and the other has the ability to pay.
Judges consider multiple factors when deciding whether to grant alimony, including:
- The length of the marriage.
- Each spouse’s earning capacity, education, and job skills.
- The age and health of both spouses.
- Which spouse has custody of the minor children, and whether that impacts their ability to work.
- The standard of living established during the marriage.
- Whether misconduct (such as adultery or abuse) contributed to the divorce.
Marriage duration is often a central issue in LGBT divorces. In many cases, a couple may have lived as partners for many years before their marriage was legally recognized. Unfortunately, courts typically only consider the legal marriage date when assessing duration. This can significantly affect whether alimony is awarded and how long it lasts.
How a Ruston Divorce Lawyer Can Help in an LGBT Divorce
Navigating a divorce can feel overwhelming—especially when unique family or legal challenges arise. An experienced Ruston divorce lawyer can take on the legal burden and protect your rights at every stage of your case.
When you hire an attorney, you can expect them to:
- Explain your rights under Louisiana divorce law and how they apply to your specific situation.
- Confirm marriage recognition if your union began before the Obergefell decision or in another state.
- File and manage paperwork, including petitions, financial disclosures, and settlement agreements.
- Develop a parenting plan that safeguards your relationship with your children.
- Investigate financial issues, such as hidden assets, business valuations, or retirement accounts.
- Negotiate settlements on custody, property division, and support to avoid lengthy court battles.
- Represent you in court if litigation is necessary to resolve disputes.
- Coordinate with experts, such as appraisers, financial analysts, or child psychologists, to strengthen your case.
- Help you make informed decisions during a difficult time.
A skilled divorce attorney can make a huge impact in efficiently navigating a divorce and obtaining the terms that are most important to you.
Schedule a Confidential Consultation With a Ruston LGBT Divorce Lawyer
Deciding to end a marriage is never easy. For LGBTQ couples, the process can be even more challenging due to gaps in the law and unique family circumstances. That’s why having skilled legal counsel on your side is so important.
At Knight Law Firm, our attorney brings more than 20 years of legal experience to the table. We’ve helped countless clients in Ruston and throughout Louisiana navigate divorces involving custody disputes, property division, and spousal support. We know the particular challenges same-sex couples face, and we’re committed to guiding you through every step with compassion and determination.
Call us today for a confidential consultation with a Ruston LGBT divorce lawyer who can inform you of your options and guide you through the divorce process.
