In the years since the United States legalized same-sex marriage, millions of LGBTQ couples have tied the knot and enjoyed the legal privileges of being married. However, because the state of Connecticut has only formally recognized LGBTQ marriage for a relatively short time, same-sex divorce may involve various complexities that most opposite-sex couples do not have to deal with.
Help from an experienced Stamford LGBTQ divorce lawyer can make a huge difference when pursuing a mutually agreeable and legally enforceable end to your marriage. A capable divorce attorney can ensure your rights are respected and advocate on your behalf for a final resolution that serves your needs and interests.
Connecticut formally recognized same-sex marriages on November 12, 2008. The state court ruled that preexisting civil unions did not adequately provide equivalent rights and privileges compared to what marriage allows. Since that ruling, the sexual or gender identity of two married people has no bearing on how the law treats a couple while they are married or seeking a divorce.
Those protections do not extend retroactively beyond the date when same-sex marriage was first legally recognized in Connecticut. This can present substantial difficulties during the asset division stage of divorce for LGBTQ couples who were together before November 12, 2008 and now have to overcome a common presumption that only assets acquired during the marriage are divisible. A skilled attorney can argue that an equitable division of the marital estate in such a case necessitates division of pre-marital assets as well.
This inconsistency between when a relationship started and when Connecticut recognized a couple as being married can also make alimony determinations complex for same-sex couples. Guidance from a skilled Stamford LGBTQ divorce attorney can be vital to protecting each party’s interests and understanding how state courts may view a particular situation.
In the same way that state law does not discriminate between opposite-sex and LGBTQ couples regarding marital property, both biological and legal adoptive parents have equivalent rights and responsibilities to their children. However, if a same-sex marriage breaks down and one spouse has not legally adopted a child, the non-adoptive parent may have trouble obtaining child custody or visitation rights.
Likewise, biological parents may have difficulty ensuring that a former spouse who is neither the biological nor adoptive parent provides child support following a divorce. A compassionate and knowledgeable lawyer can assist with these and similar issues when handling LGBTQ divorces in Stamford.
Divorces between LGBTQ couples can be challenging on both personal and legal levels, largely because of changing legislative attitudes about the legality of same-sex marriage. Fortunately, seasoned legal professionals with a track record of positive divorce results can help strengthen your unique case.
Contacting a Stamford LGBTQ divorce lawyer should be a priority for any same-sex couple whose marriage has broken down to an irreconcilable degree. Call today to learn more about the services we can offer.