Connecticut has recognized same-sex marriage since 2008, preceding the nationwide legalization of same-sex marriage by several years. Unfortunately, civil unions between LGBTQ individuals did not confer the legal privileges and rights associated with marriages. This can make LGBTQ divorces stressful, emotional, and legally complex.
If you and your partner’s marriage has irrevocably broken down, seeking help from a Hartford LGBTQ divorce lawyer may be crucial to protecting your rights and achieving a mutually agreeable conclusion to your relationship. No matter how long you were together or what led to your relationship no longer working, a seasoned divorce attorney with experience helping LGBTQ couples can be a vital ally throughout your proceedings.
Per Obergefell v. Hodges., there is no distinction between opposite-sex and same-sex marriages or divorces in Connecticut or anywhere in the United States. When two married individuals seek a divorce, their gender or sexual identity has no bearing on their rights during the process or what obligations they may retain after a court grants a final order.
In practice, divorcing same-sex couples often run into procedural challenges that many opposite-sex couples do not. For example, while each spouse within an LGBTQ marriage would have a right to an equitable division of marital property acquired during their marriage, a court may not categorize assets purchased before 2008 by couples in a joint civil union. When the government legally recognized a couple’s marriage versus when the relationship meaningfully began can also become a factor in alimony determinations.
Adoptive parents have the same rights as biological parents regarding child custody and child support obligations following a divorce. LGBTQ couples where one spouse had not gone through the formal steps to legally adopt a child may have difficulty obtaining custody or visitation rights following a separation. A knowledgeable Hartford attorney can help with resolving these challenges and any other issues common to the same-sex divorce process.
Beyond the various elements of same-sex divorces that may work differently compared to opposite-sex divorces, many procedural factors are the same. LGBTQ couples seeking to dissolve their marriage must still comply with residency requirements for divorce filings in Connecticut. A couple still needs to fill out and submit necessary paperwork in a timely fashion.
If any dispute over the terms of a divorce agreement arises, the procedures and restrictions are equivalent regardless of the gender or sexual identities of the parties involved. Retaining a skilled lawyer can be essential to moving smoothly through these aspects of an LGBTQ divorce in Hartford.
Seeking the dissolution of any marriage is a complicated endeavor. LGBTQ divorces can be especially difficult—often for reasons entirely outside the control of people getting divorced. Fortunately, dedicated legal counsel can help with every step of this process, from filing an initial complaint to resolving various marital disputes.
A Hartford LGBTQ divorce lawyer could discuss your circumstances and options during a private consultation. Schedule yours by calling today.
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