Choosing to end your marriage can be an incredibly difficult decision, and even more so if as an LGBTQ family unit, you feel like your case has unique challenges. When you are in this situation, it is important to work with a considerate and respectful legal team that understands your specific concerns and story while also having command of the applicable laws.
Our legal team recognizes and fiercely fights for the right of same-sex or non-gender-conforming couples to enter and exit marriages freely. A Southbury LGBTQ divorce lawyer at our office can help with your situation and your legal and financial goals as you embark on this process. Our compassionate divorce attorneys have a wealth of experience helping members of the LGBTQ community create effective and affirming solutions to their legal matters as they choose to leave their spouse and start anew.
As outlined in Connecticut General Statutes § 46b-40, there are 10 different grounds that people can use as a basis for requesting a divorce, including those based on fault—e.g., adultery or habitual intemperance—and those without regard to blame—e.g., an irretrievable breakdown of the marriage. The requirements for proof to use any of these reasons for ending their union depends on the circumstances. For example, if someone wants to dissolve their marriage because of incompatibility, they need to have lived apart for at least a year and a half without any chance of reconciliation.
If certain conditions are met, a divorcing couple may ask a start court to dissolve their marriage even if they did not get married in this state. For example, under Conn. Gen. Stat. § 46b-42 and 46b-44, the court may have the authority to end the marriage legally and divide up the couple’s assets if one or both spouses reside or are domiciled in this state. For purposes of this law, residing in Connecticut means the person lives here currently and has for a continuous one-year period from when the final decree is entered or the proceedings began.
Once the spouse determines that they meet the jurisdiction requirement and knows why they are requesting a divorce, the next step is to file the appropriate paperwork (e.g., the complaint and summons). An LGBTQ attorney in Southbury can help the spouse make these decisions and prepare the necessary court documents to initiate the dissolution process.
As part of the legal steps for ending their union and beginning to separate their lives, the soon-to-be-ex-spouses need to organize their finances. They can do so by creating an equitable plan for dividing their assets between them. Likewise, they should also determine if one spouse is entitled to alimony to help them transition financially from married to single life.
When crafting an asset distribution plan under Conn. Gen. Stat. § 46b-81, the court may consider a number of factors, including how long the marriage lasted, the reason for the divorce (e.g., adultery), and the ability of each spouse to provide for themselves. Likewise, the considerations for deciding if alimony (spousal maintenance) is appropriate—found in Conn. Gen. Stat. § 46b-82—may ask the judge to look at the context and reason for the divorce and decide if one spouse requires this form of support. A lawyer in Southbury can help an LGBTQ spouse understand their right to property and alimony and guide negotiations to reach a fair settlement in the divorce.
Ending a marriage can be difficult for both spouses, but it can be the right choice for those who are experiencing a breakdown of the relationship and need to separate. When you are in this situation, you may find it helpful to work with a knowledgeable and responsive attorney to serve as your guide and confidante throughout the legal process.
Reach out to our team to schedule a no-obligation consultation with a Southbury LGBTQ divorce lawyer. We treat our clients with the utmost care and compassion, and we respect the fact that we are visitors to their stories. We seek to work with them to create fair and effective case strategies with the goal of connecting them with the resources and resolutions for their legal matters. Reach out today to schedule a consultation to get started.
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