Beyond the common issues divorcing couples face, individuals in a same-sex marriage can often have additional concerns that may further complicate their case from a procedural and substantive standpoint. If you and your spouse want to divorce as smoothly and equitably as possible, guidance from seasoned legal counsel may be vital.
A New Haven LGBTQ divorce lawyer can provide the custom-tailored help you need to effectively protect your rights and interests during the dissolution of your marriage. From start to finish of this time-consuming and emotionally exhausting process, your divorce attorney will tirelessly advocate for a result that best serves your long-term goals.
Since 2008, Connecticut has granted same-sex couples the same rights to marriage, marital property rights, custody and visitation rights, and other aspects of a legal union as those enjoyed by opposite-sex couples. This means that all the same qualifying criteria for divorces between heterosexual couples apply to LGBTQ couples.
According to Connecticut General Statutes §46b-44, a local court will only grant a divorce if one or both parties has formally established residence in Connecticut, meaning the filing party either lived here for a minimum of 12 months prior to filing or was residing here while married and returned to the state specifically to pursue a divorce.
Additionally, both opposite-sex and LGBTQ couples have the right to pursue a “no-fault” divorce, meaning that one or both parties can seek a divorce without citing fault-based grounds for the breakdown of their marriage, such as adultery, cruelty, or willful desertion for one year or more. A local same-sex divorce attorney could go into further detail about divorce filing requirements under state law during a confidential consultation.
While state law treats married heterosexual couples and married same-sex couples as equals, that equality does not always translate into practical terms. For example, the division of marital property between spouses in the LGBTQ community would not account for the short-lived legal status of many same-sex couples, so the common definition of “marital property” may only apply to assets gained after 2008, rather than after the two parties first entered a relationship or civil union together.
It is best to let a knowledgeable lawyer in New Haven handle the complexities of dissolving a marriage between LGBTQ couples. Even if both parties agree that a divorce is the right choice for everyone, there are still plenty of opportunities for them to disagree over matters like spousal support obligations, custody and visitation rights, and the assumption of certain marital debts. It is important for each spouse to have their own legal counsel to ensure these kinds of disagreements do not cause the divorce process to drag out for longer than necessary.
Divorce is never a simple process, no matter the sexual orientations or gender identities of the spouses involved. However, LGBTQ divorces can be especially difficult to go through for legal and practical reasons, which means the assistance of an experienced attorney is that much more important to resolving yours as painlessly as possible.
Let a New Haven LGBTQ divorce lawyer help ensure your rights are protected during the dissolution of your marriage. Call today to schedule a meeting with one of our attorneys.