Louisiana Family Law Counsel Built Around the Issues That Matter to LGBTQ Couples
Since Obergefell v. Hodges was decided in June 2015, same-sex couples in Louisiana have had full access to marriage and, when necessary, divorce. The legal framework is the same as any other divorce in the state, but the practical reality is often more complicated. Questions about property acquired before Louisiana recognized your marriage, parental rights for non-biological parents, and the legal weight of a pre-2015 union can all shape the course of your case. At Olsen Law Office, we handle same-sex divorce through a practice built entirely around family law, estate planning, and successions. These are the exact areas where these cases get complicated.
If you’re considering divorce in St. Tammany Parish, we’re ready to help. Call (985) 256-3553 or reach out online to schedule a consultation. Same-day, evening, and weekend appointments are available on request.
Where Same-Sex Divorce Differs from a Standard Louisiana Divorce
Most of the complexity in same-sex divorce traces back to a single historical fact: Louisiana didn’t recognize same-sex marriages performed in other states until 2015. Couples who married out of state years before that date, or who built a life together before their union had any legal standing here, may find that Louisiana courts treat a significant part of their shared history as legally invisible.
That gap affects three areas in particular. First, the official start date of your marriage determines how long your community property regime has been in effect, which directly shapes how assets and debts are divided. Second, the length of your legally recognized marriage factors into spousal support calculations, and a judge may not count years of committed partnership that predate Louisiana’s 2015 recognition. Third, a non-biological parent who never formally adopted a child born during the marriage may not hold automatic legal parental status under current Louisiana law.
Community Property & the Pre-2015 Gap
Louisiana is one of nine community property states. Under Civil Code Article 2338, assets and debts acquired during the marriage through either spouse’s effort are presumed community property and may be subject to equal division. Separate property, including assets owned before the marriage, individual inheritances, and gifts made to one spouse alone, isn’t divided. For same-sex couples, the question of when the marriage legally began in Louisiana can shift a substantial amount of property from “community” to “separate.”
Real estate, retirement accounts, and other long-term assets purchased together before 2015 may be classified as separate property if only one spouse’s name appears on the title or mortgage. The spouse claiming an asset is separate property carries the burden of proving it through documentation such as pre-marriage purchase records or inheritance records. Louisiana generally values community assets at the time of partition, not at the time of the divorce judgment, and the community property regime generally ends on the date the divorce petition is filed: retroactively under Article 102, or as of the filing date itself under Article 103.
Parental Rights for Non-Biological Parents
Louisiana courts resolve custody disputes using a best-interests-of-the-child standard, and that standard applies equally in same-sex divorces. The harder issue is whether a non-biological parent is recognized as a legal parent at all.
Louisiana’s marital presumption of paternity automatically establishes legal parentage for a husband when a child is born during the marriage. Courts haven’t extended that presumption to same-sex couples as a matter of current state law, a position affirmed by the Louisiana First Circuit Court of Appeal in 2024. A non-biological spouse who never completed a formal stepparent adoption may not be automatically entitled to seek custody or visitation. Formal adoption during the marriage is generally the most reliable way to secure that legal standing before a divorce is filed. Where both spouses are listed on the child’s birth certificate and the non-biological parent has been present throughout the child’s life, courts may weigh those facts, though outcomes depend on the specific circumstances of each case.
Filing for Divorce at the 22nd Judicial District Court
Same-sex divorce petitions in St. Tammany Parish are filed in the 22nd Judicial District Court, which covers St. Tammany and Washington Parishes. To file, at least one spouse must have been domiciled in Louisiana for at least six months prior to filing. Regardless of which state you were married in, Louisiana courts may have jurisdiction if either spouse is domiciled here.
Article 102 allows you to file before the required separation period is complete and then finalize once the period has elapsed.
Article 103 allows you to file after the separation period has already passed.
The required separation period is generally 180 days for couples without minor children and 365 days for couples with minor children. Fault-based grounds, including adultery, a felony conviction resulting in a sentence of death or imprisonment at hard labor, and domestic or sexual abuse, may bypass the separation period under Article 103. Property division, child custody, child support, and spousal support are handled as separate legal matters and may require additional filings or hearings beyond the divorce judgment itself.
A St. Tammany Parish Family Law Firm That Knows This Work
Olsen Law Office focuses exclusively on family law, estate planning, and successions. Those aren’t adjacent practice areas here; they’re the core of what we do, and they map directly onto the intersecting legal issues that define same-sex divorce: property classification, parental rights, and what happens to succession interests when a marriage ends. Attorney Lindsey S. Olsen brings a practical, tailored approach to each case and handles each client’s situation with the empathy these matters deserve. Clients receive personalized attention from one of our attorneys, not a paralegal or a case manager. We’re based in St. Tammany Parish and serve clients throughout Mandeville and the surrounding area, and we know the 22nd Judicial District Court and the local legal landscape that shapes how these cases move.
Schedule a Consultation About Your Same-Sex Divorce
If you’re facing a same-sex divorce in St. Tammany Parish, the time to get clear on your rights is before the filing, not after. We can walk through the property, parenting, and support questions specific to your situation and help you understand what to expect at every stage.
Lindsey is a lifelong resident of the Northshore, having graduated from Fontainebleau High School. She then went on to receive a Bachelor of Arts from Louisiana State University, and her Juris Doctor from Loyola University New Orleans College of Law. During her time spent at Loyola University New Orleans College of Law, she was a student practitioner in the Family Law Section of the Stuart H. Smith Law Clinic and Center for Social Justice.
Lindsey has such a calm and empathetic demeanor. She offered so much emotional support for my family and I while remaining focused on our best interest at all times, she explains everything in detail, and is readily available to answer any of my questions. Lindsey is knowledgeable, trustworthy, and to the point. I am so grateful for her services.
Amanda
“She is very organized and efficient and clearly explained the final steps of the process.”
Lindsey Olsen provided an excellent service and put her vast knowledge of family and estate planning on full display. She is a true professional and made all of the concerning legal matters regarding our wills and continuing tutorship for our special needs son a walk in the park. She is very organized and efficient and clearly explained the final steps of the process. We enjoyed working with Lindsey and certainly recommend her to other prospective clients.
Lisa & Craig
“Proved to be reliable, trustworthy and honest.”
When my father passed away. We reached out to Lindsey Olsen to do his succession. It was a very difficult time for my mother, brother, and I. She was incredibly patient and professional. All our questions were answered and the process was as smooth as possible. She proved to be reliable, trustworthy and honest. We will definitely use her services again.
