In the United States, same-sex couples received legal marriage recognition in 2015. This was a momentous moment, changing the lives of thousands of individuals. While same-sex marriage may not differ from heterosexual marriage as far as the legal steps needed, same-sex divorce can have several unique aspects.
There are still some legal uncertainties and special circumstances that can make a same-sex divorce different. For any type of divorce, emotions can be high. Divorce can be time-consuming and financially draining, depending on the willingness of the two parties to work together. When considering an LGBT divorce, it is beneficial to find a family lawyer who understands the complexities of same-sex divorces and can ensure that your rights are protected.
A family attorney can help navigate the complex issues surrounding same-sex divorce in Baton Rouge, Louisiana. We have extensive experience in insurance defense, personal injury law, and family law, including LGBT-specific cases. Our attorney is a competitive, highly motivated individual who helps her clients develop personalized plans to fit their needs. For family law matters, you can expect the professionals at Magnolia Law to demonstrate compassion and understanding while handling your case. We are also willing to get tough and ensure that you have the most capable representation possible in court.
Our client-first approach includes flexible appointment times and availability. We understand that family law can be emotionally taxing, which is why our attorney is available to her clients on nights and weekends. This is just one of the many instances where Magnolia Law is willing to meet our client’s needs.
Divorce can be a complex situation. Also known as the dissolution of marriage, it is the legal process of gaining a legal decree stating that a valid marriage ceases to exist. How a divorce proceeds often largely depends on the separating couple. Some couples have the ability to separate amicably and may be able to proceed through a mediation approach. This is often tried in situations where there are not a lot of property or assets to discuss. In most instances, separating couples choose to present their case in the courts, allowing a judge to decide important factors such as spousal support, child custody, and the division of property and assets.
In Louisiana, you have the right to a same-sex divorce if you were formally married in any state. However, there are a few factors that can impact your same-sex divorce proceedings that differ from heterosexual divorces. A skilled family attorney can help you navigate some of these complexities, such as when you were married, whether you have any children, and whether you own property and assets.
Before the Supreme Court decision in 2015, same-sex marriage was not recognized in Louisiana. Same-sex couples that wanted to get married had to try different methods. These methods could include getting married outside the state, participating in a civil union that had no formal marriage license, or choosing to live together as if they were married. These circumstances could impact the validity of the marriage unless you were formally married in Louisiana following the 2015 decision. It would ultimately be the decision of the court as to whether you have a formal marriage that needs to be dissolved.
When any couple seeks out a divorce that includes child custody, the courts will base their ruling on what is ultimately the most beneficial situation for the child. This is true for both biological and adopted children. However, custody situations can be complicated. In many LGBT marriages, children are often only biologically related to one parent. Unless there is a formal adoption from the other parent, this can impact decision-making on custody.
The division of property and assets is often the most complicated in any divorce proceeding. Both parties want what they feel is fair and deserved. Possible issues that could complicate a same-sex divorce could include where the couple was married, such as marrying out of state or country. It can be difficult to prove joint ownership if you are married outside Louisiana.
It is not uncommon for emotions to be high when seeking a divorce. A family lawyer can help ensure that you are fairly represented and that all necessary information and evidence is properly gathered. This can greatly reduce your stress when dealing with the legal aspects of a divorce. An attorney understands not only the complexities of divorce in general but also the special circumstances that could impact a same-sex divorce. They know the parameters of state law and can be a strong voice for you in court.
Same-sex marriages face many of the same issues as heterosexual relationships. These issues include spousal support or alimony, child custody and support, and the division of property and assets. There are some complications that may differ in a same-sex divorce, which is why having a skilled family lawyer is beneficial.
The cost of a divorce in Louisiana can vary drastically depending on a variety of factors. The biggest factor is the willingness of the two parties to quickly find an agreement on all the issues that must be resolved in their divorce. A contested divorce can take significantly longer. The average range is $15,000-$20,000.
Yes, under Louisiana law, property acquired during the marriage is equally distributed. This can change, however, depending on whether the court finds this division to be inequitable. Another factor that can influence the division of property is whether the divorcing parties have agreed to a different formula through a prenup or a postnup.
An uncontested divorce can take anywhere from two weeks to six months. This can vary depending on:
A contested divorce can take much longer, sometimes months, if not years, to finally decide.
At Magnolia Law, we understand the complexities of divorce. Pursuing a dissolution of marriage is never an easy decision. The process can be emotionally draining, especially without skilled representation. With years of experience, a passion for law, and a willingness to get competitive, we can assist and represent you through all aspects of a same-sex divorce. Contact us to learn more.