Even though same-sex marriage is recognized nationwide, LGBT couples face unique challenges when it comes to dissolving their marriage. Louisiana family law allows for same-sex divorces, but the law has not entirely caught up with questions related to child custody and property division in an LGBT divorce. Therefore, it is in your best interest to hire a Shreveport LGBT divorce lawyer if you are considering dissolving your marriage.
Our Shreveport divorce attorneys at Knight Law Firm have over 20 years of combined experience. Our legal team has handled thousands of cases, including complex divorce cases involving same-sex marriages. Contact us today at (318) 722-8765 to schedule a confidential consultation with our Shreveport LGBT divorce lawyer. We work to protect your rights and best interests as you navigate the divorce process for LGBTQ couples.
How Knight Law Firm Can Help You With an LGBT Divorce in Louisiana
All couples deserve to be treated with respect and fairness as they go through the divorce process. At Knight Law Firm, our divorce attorneys work to protect your rights. We explain how Louisiana divorce laws impact LGBTQ couples so you can make decisions that are in your and your children’s best interests.
When you hire our Shreveport, LA, divorce lawyers, you can expect our legal team to:
- Take time to listen to you as you tell us about you and your family so we are better equipped to represent you during a divorce
- Explain Louisiana divorce laws and how they apply to your situation
- Discuss your priorities for a divorce settlement, including property division, child custody, and alimony
- Work with you to develop a parenting plan that protects your child’s best interests and your parental rights
- Investigate allegations of hidden assets, parental alienation, domestic violence, and other matters that could impact the outcome of your divorce
- Work with leading experts as necessary to gather additional evidence to support your position
- Negotiate a fair divorce settlement when possible to avoid costly divorce litigation
- Advocate for you during all court hearings, including litigating your divorce if necessary
The legal system may treat LGBTQ couples similarly in a divorce proceeding. However, the issues involved in their divorce may be complicated and challenging to resolve. At Knight Law Firm, we uphold your rights during an LGBT divorce. We provide compassionate support and guidance.
Call Knight Law Firm to schedule a confidential consultation with an experienced Shreveport LGBT divorce attorney.
Does Louisiana Allow Same-Sex Divorces?
The U.S. Supreme Court Case of Obergefell v. Hodges in 2015 provided that the denial of same-sex marriage was unconstitutional. Generally, if you and your spouse married after the court ruling in 2015 in Louisiana or another state, your marriage should be recognized in Louisiana. Therefore, you can file for divorce in Louisiana.
However, Louisiana may not recognize your marriage if you were married before the Obergefell decision or entered a civil union in another state. If so, you cannot seek a divorce in Louisiana. The first step in dissolving an LGBTQ marriage is to meet with an LGBT divorce lawyer to determine whether the state will recognize your marriage for a divorce action.
What Are the Requirements for an LGBT Divorce in Shreveport, LA?
The divorce process for LGBTQ couples is the same as it is for heterosexual couples. You must meet specific residency requirements before filing for divorce in Louisiana. At least one spouse must be a state resident for at least six months before petitioning the court for a divorce.
After filing a divorce petition, Louisiana law requires couples to live separate and apart for a specific period before they can be divorced. If you and your spouse do not have minor children, you must live apart for 180 days. Couples who share minor children must live apart for 365 days.
There are exceptions to the waiting period. You may not be required to live separate and apart if:
- Your spouse has been convicted of a felony that results in imprisonment at hard labor or death
- Your spouse has committed adultery
- A court issued a protective order or an injunction during the marriage protecting your or your child from abuse
- Your spouse sexually or physically abused you or your child
After the mandatory separation period, a couple may propose a divorce settlement to the court. If the parties agree on all divorce terms, the divorce is uncontested. Uncontested divorces are quicker and less costly.
However, the divorce is contested if the couple disagrees on any issue. The case is placed on the trial docket. Parties may participate in settlement negotiations and mediation to resolve their differences. If settlement is not possible, a judge issues a decision after hearing the evidence and testimony from the spouses and applying applicable laws.
Child Custody in Same-Sex Divorces in Louisiana
Child custody is a delicate issue in an LGBT divorce. All child custody matters are decided based on the best interests of the child, including in LGBT divorces. However, judges must consider a parent’s constitutional rights unless granting custody would cause substantial harm to the child.
In an LGBT divorce, the judge must determine if both spouses have legal rights to a minor child before determining custody. Only one spouse may be the biological parent of the child. The child may be adopted by one or both spouses. Obtaining custody rights and visitation may be challenging if a spouse never legally adopted a child.
An attorney can work with you to negotiate a child custody and visitation schedule that is in your child’s best interest. Same-sex couples and their children often benefit more from a negotiated custody agreement than allowing the court to intervene.
Child Support and LGBT Divorces in Louisiana
If the court recognizes both parents as the child’s legal parents, the parents share the responsibility for financially supporting the child. Louisiana uses standard child support guidelines to calculate child support obligations.
Child support is based on the combined gross monthly income of both parents and the number of children to be supported. Each parent pays a portion of the support obligation based on their income ratio.
In addition to the base child support amount, health insurance premiums, the cost of daycare, and extracurricular expenses are also shared by parents. Judges also have the discretion to deviate from child support guidelines in specific situations.
Property Division in a Louisiana LGBT Divorce
Louisiana is a community property state. Generally, spouses have an equal interest in property acquired and income earned during the marriage. Therefore, each spouse is entitled to a one-half share of community property. However, a judge may grant an unequal property division if the court determines a 50-50 split is inequitable.
Separate property is not subject to property division. Property owned before the marriage or received as an inheritance or gift during the marriage is typically separate property. Separate property could be converted to marital property if a spouse commingles community and separate property or transfers an interest in separate property to their spouse.
Several issues can complicate property division, including:
- Hidden assets
- Business interests
- Retirement accounts
- High-value assets
- Inherited property
For LGBTQ couples, property division may be more complicated. Same-sex couples may have been together for many years before entering a legal marriage. If so, they may have accumulated a great deal of property during that time. However, the court only considers the property acquired during the “legal” marriage as community property.
Working with an experienced LGBT divorce attorney is essential. An attorney can help you fight for a fair share of your marital assets.
Spousal Support and Alimony for an LGBT Divorce in Shreveport, LA
Louisiana judges have the authority to grant alimony or spousal support in divorce cases. Judges must find there is a need for spousal support and the other spouse can pay support. If alimony is to be awarded, judges consider several factors when determining the amount of support and how long support should last. Those factors include:
- The duration of the marriage
- A spouse’s earning potential, including their job skills, experience, and education
- The ages and health of both spouses
- Which spouse has custody of the couple’s child, and if that affects that spouse’s ability to work
- The standard of living during the marriage
- Whether one spouse’s wrongdoing caused the divorce
The duration of a marriage is a significant factor in determining alimony. As with property division, an LGBT couple may have been together for much longer than they were legally married. However, the court does not recognize the time spent together before the legal marriage when determining alimony.
Learn More During a Confidential Consultation With a Shreveport LGBT Divorce Lawyer
Just like all other couples, LGBT couples may decide to end their marriage for numerous reasons. If you are considering an LGBT divorce in Shreveport, LA, contact Knight Law Firm to discuss your situation with a divorce lawyer.
Same-sex marriage laws are still relatively new. Our Shreveport LGBT divorce lawyers have experience dealing with the unique challenges involved in same-sex divorces. Our legal team will stand with you and work through each challenge to obtain a divorce settlement that is in your best interest.
