Countless same-sex couples get married each year in Connecticut. While the right to do so has not always existed, current law permits same-sex couples the same rights as those of the opposite sex. Along with the right to marry comes the ability to divorce.
When you are involved in a same-sex marriage that is coming to an end, you can benefit from a discussion with a compassionate divorce attorney. The breakdown of a marriage is never easy, and there can be unique challenges for same-sex couples along the way. Let a Milford LGBTQ divorce lawyer serve as your advocate throughout this process.
Federal law treats same-sex and opposite-sex marriages equally. The same is true for divorce. When a same-sex couple decides to end their relationship and dissolve their marriage, the law applies the same way.
Despite this protection under the law, some practical issues can arise in a same-sex divorce. Many of these challenges relate to how the right to marry has rapidly changed in recent years. For example, the law might not treat property a couple acquired during a civil union before their legal marriage as marital property. This can upend the finances of a same-sex couple in ways that opposite-sex divorces would not.
There are also potential issues involving the parental rights of adoptive children. While this is not unique to LGBTQ couples, issues can arise following the breakdown of a marriage when one spouse fails to formally adopt the child of the other. Without a legal adoption, that parent can struggle to secure visitation rights with the child. A Milford attorney can help with navigating these complex LGBTQ divorce issues.
The legal requirements for divorcing are the same for all married couples under Connecticut law. The same rights and responsibilities regarding marriage also extend to the divorce laws. An LGBTQ divorce lawyer in Milford can help with navigating this process.
Like most states, Connecticut has a residency requirement that a couple must meet in order to obtain a divorce decree. According to the law, either spouse can file for divorce. However, one or both spouses must meet the residency requirement, which is to say at least one spouse must have lived in the state for 12 months before the court can grant the divorce. Filing for divorce before that 12-month period expires is allowed in certain exceptional circumstances.
There is also a minimum amount of time a divorce case must take. This includes a mandatory stautory waiting period independent of the residency requirement. Absent a judicial waiver of this time period, a spouse will have to wait at least 90 days from the date they file their petition to secure a divorce decree. The length of time these cases take also depends on whether it is a contested or uncontested divorce.
The end of a marriage is never easy. While legal requirements apply to all divorcing couples, same-sex couples can face unique challenges that require experienced legal guidance to resolve. Let a Milford LGBTQ divorce lawyer assist you with dealing with those challenges. Call as soon as possible for a private consultation.