What Are the Legal Considerations for Same-Sex Divorce?

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Now that same-sex marriage is legal across the land, you would think that the same-sex divorce process would be simple enough. A same-sex divorce is similar to a divorce between a straight couple in most ways, but there are some special considerations to make here. A Tazewell County LGBTQ family lawyer can guide you through this process and answer any questions that you have.

How is Property Distribution Handled in a Same-Sex Divorce?

In most marriages, what is marital property and what is separate property is rarely that difficult to determine. The problem with a same-sex divorce is that a couple may have been cohabitating for a long time before same-sex marriage was legalized. That could make some items that would normally be considered separate property to look more like marital property. So it is possible that this process will not be so simple and that the normal rules, where property owned before a marriage goes right back to its previous owner, may not apply in all instances.

Can Alimony Be Awarded in a Same-Sex Divorce?

It is possible to be awarded in alimony in a same-sex divorce. Many of the usual criteria for determining how much alimony should be paid, who it should be paid to, and how long the agreement should last will be considered by the court. The only thing that might differ from the calculation used for a straight marriage is that the length of the relationship before same-sex marriage was legalized might be a consideration as well.

How Does Child Custody and Visitation Get Complicated in a Same-Sex Divorce?

Child custody and visitation are other matters that can get a bit more complex in a same-sex divorce. If your children are not biologically yours and you made no moves to formally adopt them, then it may be difficult to secure even visitation rights. On the other hand, you could also have no legal obligation to send child support if your spouse wants to keep you away from your child and succeeds.

Do I Need a Divorce Attorney?

It is always good to have an attorney on your side during a divorce, but a seasoned family lawyer could be even more of an asset than usual in a same-sex divorce. Some changes to related laws are recent, so it’s good to have someone who knows that law on your side. Your lawyer can also help you make arguments on your behalf and help you fight for child visitation, alimony, and a better property distribution agreement.

Contact Our Law Firm Today

When you are going through a divorce, it’s wise to have someone on your side who can advocate on your behalf. Contact Butler, Giraudo & Meister, P.C. and schedule an appointment with our team. We would love to tell you more about your options and how we can handle your same-sex divorce.


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