Same-sex marriage has been legal in Louisiana and the United States since the U.S. Supreme Court ruling in 2015. The right for Louisianians to love and marry who they love, despite their sex, gender, race, religion, educational status, and other factors, has been a long-fought battle for centuries. Fortunately, the state and the country have been slowly taking a step in the right direction.
While marriage and same-sex marriage can be beneficial long-term partnerships for many Louisianians, sometimes it is better to let them come to a close so that new beginnings can blossom. A divorce can bring an end to toxic relationships and allow family members to explore new alternatives to living. Therefore, a Baton Rouge divorce, while sad, can also serve as a source of hope.
Additionally, divorces do not always have to be hostile, despite popular thought. The legal professionals at Magnolia Law have years of experience working with couples to optimize their divorce planning and help make the process as smooth, expedited, and amicable as possible. Magnolia Law is particularly dedicated to maintaining a safe and empowering space for LGBTQ couples and making sure that their rights and interests are protected.
Getting a same-sex divorce in Louisiana is the same as getting a different-sex divorce in the state; however, there are some complications associated with the matter. For example, if a Louisiana couple consummated their marriage in another state or country before 2015 since same-sex marriage was not yet legal in Louisiana, then they might not be entitled to a formal divorce under the state court system.
Same-sex marriages that are not recognized by the state of Louisiana can also face divorce challenges related to custody and visitation rights, as well as property division. Disputed matters for divorces that are not formally recognized by the Louisiana court system will have to be resolved outside of the jurisdiction of the law.
For example, if a same-sex couple has a child in Baton Rouge, and one of the parents is the biological parent, and the other parent did not go through a formal adoption process, then the biological parent might have all rights to the child. Additionally, if a couple was married in another state before 2015, and they purchased property together that was only under the name of one spouse, then the other spouse might not be entitled to the property in a divorce.
Such complex same-sex divorce disputes, therefore, should be resolved with the support of an experienced and knowledgeable Louisiana family divorce lawyer. A loyal Baton Rouge lawyer can help fight for you and inform you of your same-sex divorce rights.
A: In the state of Louisiana, you can ask for custody or visitation of your child or children as part of your divorce petition or in the answer to your divorce petition. If the request is contested, then a hearing will be held with all parties present, in which evidence and cause for custody must be presented. If the spouses are still married but happen to be living apart, one party can also petition for child custody or visitation.
A: Fathers have the same rights in a Louisiana divorce as the other parents in the family. Both parents of children in a Louisiana divorce, whether same-sex or father and mother, are entitled to petition for spousal support, custody and visitation rights, and other privileges. When it comes down to it, the courts will attempt to settle divorce proceedings in a manner that is in the best interest of the child.
A: In Louisiana, the quickest way to get a divorce is typically an uncontested divorce. After the required waiting period of living continuously apart from each other, the process can take anywhere from 2 to 24 weeks. An uncontested divorce process entails coming to a consensus between both parties, filing the required paperwork, and waiting to hear back on the court decision.
A: The cost of hiring a family lawyer in Louisiana is dependent on many factors; however, the hourly rate can range from $100 to more than $500. Some lawyers may prefer to be paid in a lump sum. Ultimately, the rates will depend on factors such as how complex the divorce situation is, how much experience the lawyer has, and where the law firm is located. It is important to discuss rates upfront with your family lawyer during consultation to avoid any unexpected costs in the future.
A: In Louisiana, there is no exact age at which a child must be in order to have their living preference considered by the courts. Instead, the judge involved in the case will decide whether the child’s opinion should be taken into account based on their maturity. It must be ensured that the child is not being manipulated or bribed by one parent to voice a certain opinion.
When it comes to filing for same-sex divorce in Baton Rouge, Louisiana, there are a lot of boxes to check and deadlines to meet. It’s important to make sure all hot-button issues are thoroughly laid out and agreed upon in the initial divorce proceedings so that they do not pop up and cause problems down the line.
A lawyer from Magnolia Law will work closely with your spouse or ex-partner to come to a consensus and work out an agreement that is beneficial for everyone. In the case that disputes do come up, an ambitious divorce lawyer will defend you and your interests in court and fight to make sure that your voice is heard. Contact us today to get started tackling the divorce planning process.