If you’re preparing for an LGBTQ divorce in Monroe, Louisiana, Knight Law Firm is here to help you navigate the path forward with care, experience, and clarity. Contact us at (318) 323-2213 to get started with your case and schedule an initial consultation.
Our Monroe LGBTQ divorce lawyer has years of experience and understands how Louisiana family law works. We’re committed to helping every client protect what matters most, no matter their background or relationship history. Reach out today for more information about our legal services.
Why Choose Knight Law Firm To Handle Your LGBTQ Divorce in Monroe, LA?
Choosing the right Monroe family law attorney can make all the difference during a divorce. At Knight Law Firm, we bring over 20 years of legal experience to every case we handle. Our firm is known for providing reliable, honest, and results-driven representation, no matter how complex the situation may be.
Clients come to us because they want an attorney who listens closely, responds promptly, and treats them with respect. We take pride in giving each client our full attention and creating a legal strategy that fits their specific needs. Our goal is to give you peace of mind, knowing that your case is in capable hands.
As a locally based family and divorce law firm serving Monroe and surrounding areas, we are familiar with the courts, judges, and procedures that may affect your case. We use that insight to guide you with confidence through the legal system. Contact our award-winning LGBTQ divorce lawyer in Monroe, LA, today to set up a consultation.
Louisiana Divorce Laws and LGBTQ Couples
Since the U.S. Supreme Court’s 2015 Obergefell v. Hodges ruling, same-sex couples have had the same marriage and divorce rights as opposite-sex couples in Louisiana. However, that doesn’t always mean the divorce process is simple, especially when questions arise around parenting, property ownership, or relationships that began before marriage equality became law.
To file for divorce in Monroe, at least one spouse must have lived in Louisiana for six months. Once the residency requirement is met, couples generally must live separately for a specific time before the court will finalize the divorce. That period is:
- 180 days for couples without children
- 365 days for couples with children
Louisiana does allow for fault-based divorces as well, which may be granted more quickly in certain circumstances. These include adultery, abandonment, physical abuse, or a felony conviction.
Regardless of the reason for the divorce, LGBTQ spouses should be aware that some legal issues (like child custody and asset classification) can be more difficult in same-sex marriages, especially if the couple lived together before marriage was legally recognized.
Child Custody in LGBTQ Divorces
One of the most sensitive issues in any divorce is child custody. For LGBTQ parents, this issue can be even more complex. Louisiana courts prioritize the “best interests of the child,” but that doesn’t always guarantee an equal or fair outcome.
Some issues that can arise include:
- Legal parent status: Only legal parents have custody rights under Louisiana law. If you never formally adopted your child, you may face challenges asserting your parental rights.
- Custody disputes between same-sex parents: If both spouses are legal parents, custody is handled the same way as any other divorce. The court will consider factors like parenting roles, the child’s relationship with each parent, and the stability of the home environment.
- Third-party custody concerns: In some cases, grandparents or other relatives may try to assert custody or visitation rights if one parent is not legally recognized. This can lead to contested litigation.
At Knight Law Firm, we understand how deeply these issues affect LGBTQ families. We’ll work hard to protect your bond with your children and ensure your parental role is fully recognized by the court. If necessary, we can help with second-parent adoptions or legal recognition during the divorce process.
Division of Property in a Monroe LGBTQ Divorce
Louisiana is a community property state, which means most property and debts acquired during the marriage are considered jointly owned and subject to equal division. That includes:
- Income earned by either spouse during the marriage
- Homes or vehicles purchased after the wedding
- Retirement accounts and pensions
- Joint bank accounts or investments
- Marital debts or loans
However, property owned by one spouse before the marriage (such as inheritances or gifts) may be classified as separate property and excluded from the split.
For same-sex couples, one challenge is determining the start date of the marital estate. If you were together for years before you could legally marry in Louisiana, assets acquired during that time may not be considered community property. This can create unfair outcomes if a judge sticks strictly to legal timelines.
We’ll help you document the true nature of your relationship and present evidence showing shared contributions to the home, finances, and long-term plans. In some cases, we may be able to use contracts, cohabitation agreements, or financial records to advocate for a fair result.
Spousal Support and LGBTQ Divorce in Monroe, Louisiana
Spousal support, also known as alimony, may be awarded in some Louisiana divorces. The court can order one spouse to pay support during the divorce process (interim support) or after the divorce is finalized (final periodic support). These payments are typically meant to help the lower-earning spouse adjust and maintain financial stability.
The key factors courts consider when deciding whether to award spousal support include:
- The length of the marriage
- The financial resources of each spouse
- Each person’s earning capacity and education
- The standard of living during the marriage
- Contributions one spouse made to the other’s career or education
- Fault for the breakdown of the marriage, if relevant
Spousal support is not automatic. In fact, the requesting spouse must show both financial need and that the other spouse has the ability to pay. For LGBTQ spouses, especially those who delayed marriage due to earlier legal restrictions, the duration of the relationship might not reflect the full financial partnership.
In these cases, it’s essential to document the history of your relationship and shared responsibilities to help make a strong case.
What To Expect in the LGBTQ Divorce Process
Every divorce is different. Some are resolved through mutual agreement, while others require formal court hearings. Nonetheless, most divorces in Monroe follow a few common stages:
- Filing for divorce: One spouse files a petition in the appropriate family court. This starts the legal process.
- Serving the other spouse: The other party must be officially notified of the divorce and given a chance to respond.
- Temporary orders: In some cases, the court may issue temporary rulings about custody, support, or who can live in the family home during the divorce process.
- Discovery: Both sides exchange information about assets, debts, income, and more. This stage helps ensure transparency.
- Negotiation or mediation: Many couples settle their divorce through negotiation or alternative dispute resolution. If you and your spouse can reach an agreement, the court will typically approve it.
- Trial: If you can’t reach a resolution, a judge will decide the remaining issues in court.
- Final judgment: Once everything is resolved, the court issues a divorce decree that legally ends the marriage and outlines all decisions.
While the process may seem overwhelming, working with an experienced divorce lawyer in Monroe makes it much easier to manage. We’ll guide you through each step and help reduce stress by keeping things organized and clear.
We Can Help With Every Aspect of Your LGBTQ Divorce
Divorce touches nearly every part of your life: your finances, your living situation, and your relationship with your children. It’s also a process that can feel unfamiliar, confusing, and emotional.
At Knight Law Firm, we understand the weight of what you’re going through, and we’re here to make sure you don’t have to do it alone.
We assist with every aspect of your divorce, including:
- Filing and responding to divorce petitions
- Establishing temporary support and custody arrangements
- Negotiating parenting plans and visitation schedules
- Resolving property division, including retirement accounts, real estate, and any hidden assets if applicable
- Helping with protective orders if domestic abuse is a concern
- Assisting with post-divorce modifications when needed
Because our firm is local to Monroe, we also know how the judges and courts in Ouachita Parish operate. That local knowledge helps us develop practical, effective strategies tailored to the courtroom your case may end up in.
Contact Our Monroe LGBTQ Divorce Attorney To Schedule an Initial Consultation
If you’re facing divorce in Monroe, Louisiana, and need legal help that respects your identity, your family, and your goals, contact Knight Law Firm. With over 20 years of legal experience, we understand both the emotional and legal sides of ending a marriage.
We’ll listen to your concerns and provide honest advice about what you can expect. We’ll fight for your interests, protect your family, and ensure your voice is heard at every step of the process. Contact us today to schedule a consultation with our experienced Monroe LGBTQ divorce lawyer.
Visit Our Family Law Firm In Monroe, LA
Knight Law Firm, LLC
1896 Hudson Cir N #1,
Monroe, LA 71201
318-323-2213
Monday – Friday: 8:00 am – 5:00 pm
