Getting a same-sex divorce is a difficult process. It is important to understand the legal issues involved before proceeding. An attorney who specializes in divorce can assist you through the process. If you have children, the outcome of the divorce can affect your rights to visitation and parenting time.
The process of same-sex divorce differs depending on where you live. For example, if you move from a state that recognizes same-sex marriage to one that does not, the impact can be considerable.
Same-sex divorce also creates a feeling of isolation for many members of the LGBT community. It may also affect the custody of children. It is not uncommon for a judge to decide that the biological mother gets primary custody, even if the non-biological mother is an absentee parent.
The division of assets is a complex procedure. A judge considers a number of factors when determining alimony, including the length of the marriage and the circumstances of the children.
A prenuptial agreement can be drafted to protect assets. There are also legal theories to recover assets from a former spouse.
The most contentious aspects of same-sex divorce are parenting rights and adoption rights. If you are considering divorce, you may want to consider mediation. Mediation is a less expensive option that can help you avoid the financial and emotional strain of a court battle.
An attorney who specializes in divorce for the LGBTQ community can help you navigate the divorce process. They can also assist you with settlement negotiations and litigation.
