Same-sex couples have the same legal rights in divorce as opposite-sex couples. However, there are some issues that arise in same-sex divorce that spouses must be aware of before beginning divorce proceedings.
Work with a New Canaan LGBTQ divorce lawyer for help navigating the legal and practical aspects of divorce. Our skilled divorce attorneys can ensure you understand the law, set reasonable expectations, and help you meet your goals in divorce.
When heterosexual couples have a child during their marriage, the child is legally presumed to be the child of both spouses. The situation is more complex when same-sex couples raise children together. These issues can be difficult to resolve when both spouses want to exercise parental rights, but only one spouse has a legal relationship with a child.
When a couple adopts a child together, both spouses have full parental rights. Similarly, when one spouse adopts their same-sex spouse’s child, both spouses are legal parents and have full parental rights. However, an adoption can occur only if the child’s other parent is dead or has surrendered their parental rights.
When adoption is not possible, and the couple divorces, the spouse without a legal relationship with the child can petition a court for visitation. They must prove that they had a parent-child relationship with the spouse’s child and that severing the relationship would harm the child.
Same-sex couples may use assisted reproductive technology (ART) to have a baby, sometimes using one of the partner’s sperm or egg. Whether there is a biological relationship with one spouse or not, Connecticut General Statutes § 46b-477 allows the couple to submit a notarized Acknowledgment of Parentage to the Bureau of Vital Statistics. Both spouses must sign the form for it to be valid. Doing so ensures both spouses appear on the child’s birth certificate and have full legal parental rights.
However, the couple’s parental rights in other states are uncertain. Connecticut same-sex couples who have a child using ART should discuss adoption with an attorney. Legal adoption ensures that both spouses’ parental rights remain in place regardless of location.
Connecticut is unusual in that all property either spouse owns is potentially subject to division in a divorce. When a couple has a prenuptial or postnuptial agreement, the agreement can designate separate property. Without an agreement, all property either spouse owns when the marriage ends will be valued, and the spouses will each take a portion.
The law does not specify how to divide property, but courts divide it equitably. The judge can assess a range of factors when dividing property, including the length of the marriage, the cause of the breakdown of the marriage, each spouse’s age and health, their earning capacity based on work history and education, and other relevant factors.
Same-sex marriage did not become legal in Connecticut until 2010, but many couples have been together for a considerable period before they could legally marry. Because the duration of the marriage is a critical factor in property division and spousal support decisions, a New Canaan LGBTQ attorney can ensure the court is aware that a couple had a marriage-like relationship for a substantial time before they could marry.
In almost every case, negotiating a divorce settlement results in a better outcome than litigating a divorce. This can be especially beneficial for same-sex couples who may be wary of leaving decisions regarding child custody, visitation, and property division to a stranger who may not understand the family’s needs. Negotiated settlements are faster, less expensive, and less stressful than litigation.
Collaborative divorce is an excellent alternative for couples with complex financial or child custody issues to resolve if both spouses are committed to settling their divorce out of court. Mediation is also a practical option for many couples.
A New Canaan LGBTQ lawyer can explain the collaborative divorce process for couples interested in exploring that option or can support a spouse through mediation. When the spouses do not communicate well enough for alternative approaches to be safe or effective, their respective legal counsel could negotiate with each other to resolve the outstanding issues.
An experienced divorce attorney can help you set your goals and achieve them. In a same-sex divorce, there are sometimes complexities that arise, so skilled representation is essential.
Call a New Canaan LGBTQ divorce lawyer when you are ready to end your marriage.
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