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Why Most Lawyers Fail

One extremely hot-button issue in American society and politics today and to get a lawyer is that of same-sex marriage. Most of us who watch the news or browse the newspaper regularly likely have encountered this problem at least one time. The divisiveness of same-sex marriage is indeed extreme that some politicians have called to get a federal amendment on the problem. Currently, however, the proper of the gay or same-sex couples to get married is just not one that is addressed on the federal level, but instead, the state level.

As of 2012, you will find merely a few states which recognize same-sex marriage: Iowa, Washington DC, Massachusetts, New York, Connecticut, New Hampshire, and Vermont. Here in Louisiana, same-sex marriage is just not recognized, and also this not enough recognition is specifically provided for within the Louisiana Civil Code. Civil Code Article 89 states that "persons of the same sex might not contract marriage with the other person." This means that there is no need for such couples to hire divorce attorney to finish their marriage formed in a state that recognizes them.

Whether you agree or not with Louisiana's law, it is interesting to make note of this inability of gay or same-sex couples to marry prevents them from sharing inside the rights and responsibilities attendant to marriage. For example, in Louisiana, we have a very community property regime framework which divorce attorney generally defines as what property is shared equally involving the spouses. Generally, if you happen to be married in Louisiana, issues that you earn over the course of your marriage by virtue of your skill or industry are shared equally between you and your wife. Because gay people cannot marry, this idea goes out with the window.

For example, there can be a same-sex couple who has been together for thirty years. Let's say that one of them dies without leaving a will. Now, when they were legally married, then the surviving party towards the marriage would automatically be eligible to half from the community property. In this example, however, in spite of the longevity from the relationship, the surviving party could be entitled to exactly zero. (From the perspective of the lawyer, however, it will be likely the rules of co-ownership would still apply.)

Another intriquing, notable and arguably "legal" recognition of same-sex relationships can be found in the very different area of the Louisiana law: spousal support. Spousal support (which a divorce attorney in other jurisdictions may reference as "alimony") is usually the amount of money which one spouse is usually necessary to spend towards the other spouse. There are several different reasons or situations in which the final spousal support award is going to be terminated. Some of these reasons are outlined mainly in Louisiana Code article 115. Article 115 says that spousal support will be terminated if 1) the spouse receiving the spousal support remarries, 2) either of the spouses dies or 3) a judicial determination that this spouse receiving the support has cohabitated with another man of either sex in the manner of married persons.

Cohabitated is really a funny word which only denotes living together beneath the same roof. When we say "inside manner of married persons" we have been probably referring to a relationship the location where the two different people share many from the same things which couples do, for example financial responsibility or intimacy.

In in this way, there might be some recognition by Louisiana to provide same-sex marriage some legal significance, albeit not likely the kind which a lot of people wish it to.

Will Beaumont practices family law in New Orleans and Metairie, LA. This article is purely informational; it just isn't designed to be taken as legal counsel.