The legalization of same-sex marriage in Louisiana was a historic moment for many LGBTQ+ couples. However, with marriage, comes the possibility of divorce. When it comes to divorce, there are many legal considerations for same-sex couples. This article will provide a comprehensive guide to Louisiana divorce laws for same-sex couples, including the process, child custody, and property division.
Divorce Process in Louisiana
The divorce process in Louisiana is similar whether you are a same-sex or opposite-sex couple. To file for divorce in Louisiana, at least one of the spouses must have been a resident of the state for a minimum of six months. Couples can file a divorce petition in the parish where they reside or where the cause of the divorce occurred.
In Louisiana, there are two types of divorce: a “No-fault” divorce and a “Fault” divorce. In a no-fault divorce, the couple agrees that the marriage is irretrievably broken and cannot continue. This means neither spouse has to prove wrongdoing by the other party. In a fault divorce, one party must prove the other spouse committed an act that led to the divorce, such as adultery, abuse, or abandonment.
Once the divorce petition is filed, the other spouse must be served with a copy of the petition and must file a response within 15 days. If the couple agrees on all issues, the divorce can be finalized as soon as 180 days after the petition is filed. If the couple does not agree on all issues, the divorce may take longer to finalize.
Child Custody in Louisiana
Child custody can be one of the most complex aspects of a divorce. In Louisiana, the best interests of the child are the priority when it comes to custody decisions. Louisiana courts can award joint custody or sole custody to one parent, based on factors such as the child’s age, health, and relationship with each parent.
When determining custody, Louisiana courts do not discriminate based on the sexual orientation of the parents. However, parents should be aware that discrimination against LGBTQ+ individuals can still occur in custody battles. It is important to work with a lawyer who has experience with LGBTQ+ custody issues to ensure your rights are protected.
Property Division in Louisiana
Louisiana is one of only nine community property states in the US. This means that, in general, all assets and debts acquired during a marriage are considered to belong equally to both spouses, regardless of who earned or acquired them.
When it comes to property division in a same-sex divorce, assets should be divided in the same manner as they would be in an opposite-sex divorce. The court will consider factors such as the length of the marriage, each spouse’s income and earning potential, and the assets and debts of each spouse.
Spousal Support in Louisiana
Spousal support, also called alimony, is financial support paid by one spouse to the other after a divorce. In Louisiana, the court may award spousal support to one spouse after considering factors such as the length of the marriage, each spouse’s income and earning potential, and the standard of living during the marriage.
There is no difference in spousal support for same-sex couples versus opposite-sex couples in Louisiana. If one spouse receives spousal support, it will generally be paid for a maximum of one-third of the length of the marriage.
Conclusion
While Louisiana divorce laws do not discriminate against same-sex couples, discrimination can still occur in the legal system. It is important for same-sex couples to work with a lawyer who is knowledgeable and experienced in LGBTQ+ issues. Overall, the same legal considerations apply to same-sex divorce as to opposite-sex divorce in Louisiana, including child custody, property division, and spousal support. By understanding the legal process and working with the right lawyer, LGBTQ+ couples can successfully navigate the often complex and emotional process of divorce.