Baton Rouge Same Sex Divorce Attorney
When a marriage ends, the emotional fallout is hard enough, but for same-sex couples in Louisiana, divorce can involve additional layers that aren’t always straightforward. If you’re seeking a Baton Rouge same-sex divorce lawyer, the team at Longman Jakuback understands the nuances of Louisiana divorce law as it intersects with same-sex relationships, and our firm has helped countless clients navigate family court with clarity and integrity.

The Unique Legal Landscape for Same-Sex Divorce in Baton Rouge
In the United States, the divorce rate hovers around 2.4% for heterosexual couples and 1.7% for same-sex couples. Given that almost 3.7 million children are being raised by LGBTQ parents, it may be surprising to see all the ways Louisiana courts are still evolving when it comes to family law. Some courts may have less experience with same-sex divorce, and not all judges approach issues like parental rights or property division through the same lens.
Core Issues in Same-Sex Divorce
While the legal framework for divorce in Louisiana is the same for all couples, same-sex spouses often face distinctive challenges rooted in how their relationships have been historically recognized or ignored by the law. Understanding these core legal issues can help you prepare for the road ahead and make informed decisions during a difficult time.
1. Property and Asset Division
In Louisiana, a community property state, assets acquired during the marriage are typically equally split. However, the court might not count your pre-legalization years of shared ownership unless you have documentation or agreements to support it. We help you establish a clear financial picture and advocate for fair division.
2. Child Custody and Parental Rights
Custody is often the most emotionally charged part of a divorce, and same-sex couples face unique complications. In cases where one parent isn’t biologically related to the child and hasn’t gone through formal adoption proceedings, Louisiana law might not automatically grant custodial rights.
We help same-sex parents pursue joint custody or visitation, working to prove the psychological and emotional bonds formed with the child. If necessary, we can help pursue legal recognition of parental status.
3. Out-of-State Marriages and Jurisdiction
If you were married in another state before Louisiana recognized same-sex marriage, you still have the legal standing to divorce here if you meet the residency requirement: six months in Louisiana and 90 days in the parish where you file. We make sure your out-of-state marriage is properly documented and that your petition complies with local jurisdictional rules.
Navigating these issues requires an understanding of how same-sex couples have been uniquely impacted by shifts in family law. At Longman Jakuback, we work to make sure your divorce process reflects the full truth of your relationship to secure the outcome you deserve.
Why a Local Lawyer Makes a Difference in Your Divorce
At Longman Jakuback, we’ve worked extensively in the 19th Judicial District Court and the Family Court of East Baton Rouge Parish. This means we know how local judges typically approach contested custody cases, how to avoid common procedural delays, and how to tailor arguments that resonate with local legal norms.
This familiarity helps us to efficiently move your case forward and prepare you for what to expect at every stage.
How Longman Jakuback Approaches Same-Sex Divorce
Every divorce is personal, but for same-sex couples, the legal process can carry added complexity. At Longman Jakuback, we don’t believe in a one-size-fits-all approach. Instead, we tailor our strategy to reflect the details of your relationship, your priorities, and your future goals.
Here’s how we support our clients throughout the process:
- Before offering legal advice, we take time to understand your situation, concerns, and the dynamics at play.
- From property division to parental rights, we identify the areas where your case may face challenges and develop a plan to address them.
- For long-term relationships that predate marriage equality, we help compile records and testimony to reflect your shared history.
- While we’re fully prepared for litigation, we also explore mediation or negotiated settlements when appropriate.
- We handle all legal matters, including post-divorce modifications, protective orders, and review of prior agreements like prenups or custody arrangements.
Same-sex divorce in Baton Rouge requires both legal precision and cultural awareness. At Longman Jakuback, we combine courtroom experience with a deep commitment to client-centered representation. Our goal is to guide you through the legal system with respect, clarity, and a plan that protects your future.
FAQs About Baton Rouge Same Sex Divorce Laws
A: You will not necessarily be forced to move in if your name isn’t on the lease or mortgage. If the home was shared as a marital residence, the court could require both parties to temporarily maintain living arrangements or grant temporary possession to one party. If you’re at risk of displacement, the court can also issue use-and-occupancy orders to protect your right to remain during proceedings.
A: Yes, you and your spouse can create a private divorce agreement that deals with major issues like custody, property, and support, but it needs to be submitted to the court for approval before it becomes legally binding. Courts in Louisiana generally honor mutual agreements as long as they’re fair and follow state guidelines. A lawyer can draft and review the agreement to ensure enforceability.
A: If one spouse hides assets during the divorce, it’s considered a violation of Louisiana’s disclosure requirements. Once discovered, the court could order penalties, including awarding the hidden assets entirely to the other spouse. Full financial disclosure is mandatory, and forensic accounting or subpoenas can be used to uncover hidden property or income.
A: Yes, a same-sex divorce in Louisiana can affect immigration status if one spouse is not a U.S. citizen. You may need to file additional documentation with U.S. Citizenship and Immigration Services (USCIS), especially if your immigration benefits were based on a good-faith marriage. Consulting both an immigration attorney and a family law attorney is highly recommended in these situations.
Moving Forward With Strength and Legal Clarity
Divorce is never easy, but for same-sex couples, it can come with distinct legal and emotional challenges that deserve thoughtful attention. At Longman Jakuback, we advocate for your dignity, your rights, and your future.
Contact us today to schedule a free consultation.