LGBTQ divorces can add additional legal and financial challenges to the process, complicating the separation and eventual divorce. Not only can you face discrimination in some settings, but you may also find yourself dealing with a host of potential problems. If you are ready to divorce your spouse in a same-sex marriage, a Gastonia LGBTQ divorce lawyer can help you understand your rights, navigate those complexities, and ultimately create a better outcome for yourself.
Contact one of our talented divorce lawyers today for a consultation.
LGBTQ divorces have some unique elements that must be taken into account when finalizing a divorce, including setting elements like child custody and support or property division.
The state did not legally recognize same-sex marriage until October 2014. Many LGBTQ couples lived as spouses long before they could legally marry, but the state does not recognize common-law marriage. As a result, courts generally do not consider the period of cohabitation when determining aspects of divorce. This may create difficulties in dividing assets acquired before the legal marriage and in assessing alimony or spousal support based on the length of the marriage. In many cases, the court focuses on the legal duration of the marriage rather than the entire period of cohabitation.
In many same-sex marriages, one parent is the biological parent while the other does not share a biological relationship with the child. If the parents did not formalize adoption by the nonbiological parent, that parent may face challenges in protecting custody or visitation rights during divorce proceedings. The biological parent may also encounter difficulties in seeking child support from a parent who never legalized their relationship to the child, even if that parent fulfilled a parental role for an extended period.
In many cases, LGBTQ couples can face increased bias in the courtroom. They may fear that the court will not take care of them or take their needs into account as they navigate the divorce process. LGBTQ individuals may also have a deeper overall distrust of the court system. A Gastonia LGBTQ divorce attorney could help them navigate the system and increase their overall trust.
Protecting rights can prove essential during any divorce. One spouse may attempt to reduce the support they have to pay out, fight to keep as many assets as possible, and otherwise interfere with the equitable divorce process. The LGBTQ divorce process, however, can prove even more complicated—and it can be easier for each spouse’s rights to be trampled or their concerns ignored. An LGBTQ divorce lawyer in Gastonia could can help their client understand their full rights, including the assets and support they may deserve based on their financial status during their marriage, and aid in assessing child custody and support issues.
From the early stages of separation to the division of assets, determination of child support and custody, and assessment of spousal support, a Gastonia LGBTQ divorce lawyer could help protect your rights and financial stability. At the Law Offices of Regina M. Taylor, you will work with a divorce lawyer who understands the unique challenges LGBTQ couples face. Contact us today for a consultation.
