Following the United States Supreme Court’s decision in Obergefell v. Hodges, 576 U.S. 644 (2015), there is no real difference in the divorce process for same-sex couples and opposite-sex couples. But same-sex couples may encounter some additional complications in the divorce process regarding issues such as child custody if, for example, one of the same-sex spouses was the biological mother and the biological father did not agree in writing to terminate his parental rights, and later seeks custody of the child.

In Louisiana, following the Supreme Court's decision in Obergefell v. Hodges, same-sex couples have the same legal rights to divorce as opposite-sex couples. This means that the procedural aspects of filing for divorce, such as grounds for divorce, division of property, alimony, and other related matters, are applied without discrimination based on the gender of the spouses. However, same-sex couples may face additional challenges, particularly concerning child custody. If a child was born to one spouse during the marriage, and the other spouse is not a biological parent, the non-biological parent's rights may not be as clear-cut, especially if the biological father's parental rights were not legally terminated. In such cases, the non-biological parent may need to take extra legal steps to establish parental rights, such as adoption, to ensure custody and visitation rights are recognized. It is advisable for individuals in such situations to consult with an attorney who is experienced in family law and the specific challenges faced by same-sex couples in divorce proceedings.