Facing the breakdown of a marriage is never easy, no matter who you are. This is true for heterosexual couples and same-sex couples alike. However, this process has the potential to be especially challenging for LGBTQ couples as the law continues to catch up with the relatively recent right for same-sex couples to marry.
If you are considering divorce, a skilled attorney is here to help. With the right legal counsel at your side, you can face the unique challenges presented to divorcing same-sex couples. Let a Guilford LGBTQ divorce lawyer assist you through this process step-by-step.
Same-sex marriages have been legal under federal law since the 2015 Supreme Court decision in Obergefell v. Hodges. However, the state’s acceptance of same-sex marriage dates back even further. In 2008, the Connecticut Supreme Court decided barring same-sex marriage violated the state constitution. Connecticut was only the third state in the nation to allow for same-sex marriage at the time. A knowledgeable lawyer in Guilford can ensure this difference in state and federal law does not affect divorce proceedings.
It is helpful to understand that many of the challenges during the divorce process are the same for both LGBTQ and heterosexual couples. Divorcing spouses often face disputes over child support, the division of marital property, or custody of minor children.
All couples potentially deal with disputes over the division of marital property. If a couple cannot agree on a fair division of the property they share, the courts must decide how to divide it equitably. Child and spousal support are also frequently an issue. There could be disputes centering on whether support is necessary, or the parties may disagree on what reasonable amount of support is needed. A same-sex divorce attorney in Guilford can help resolve these issues and move the case forward.
Same-sex couples face some unique challenges under the law. When it comes to divorce, those issues often involve the custody of minor children. Although spouses have the right to marry and divorce regardless of their orientation, problems with custody can arise when both parents have not taken steps to formalize their legal relationship with a minor child.
For example, child support issues can arise when a spouse does not formally adopt a child. While many couples adopt a child together, there are times when a spouse might step in to serve as a parent to a child without formally adopting them. If that couple eventually divorces, the non-adoptive parent could find themselves without any legal rights to the child they have raised for years.
The good news is that state courts can award parenting time to non-biological or adoptive parents if they spent substantial time acting in the role of a parent to the minor child. An LGBTQ divorce lawyer in Guilford can help pursue a relationship with a child under these circumstances.
If you are facing the end of your marriage, it is vital to seek legal counsel immediately. Your legal counsel can advise you of your rights and help you prepare for what comes next. Put your case in the hands of a Guilford LGBTQ divorce lawyer. Call our team to discuss your case.
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