Same-Sex Divorce: Legal Issues Specific To Divorcing Same-Sex Couples
Divorce can be an emotionally and financially stressful process for any couple. However, same-sex couples face specific legal issues that differ from those faced by heterosexual couples. While same-sex couples have enjoyed the legal recognition of their relationships, including marriage, divorce has not always been easy. If you’re in a same-sex relationship and considering divorce, it’s important to understand the legal issues involved and to hire an experienced lawyer to guide you through the process.
One of the most significant legal issues faced by same-sex couples seeking a divorce is determining the legal status of their marriage. While same-sex marriage is legal in all 50 states, some couples may have married in a state or country where it was not legal, or they may have entered into a domestic partnership or civil union before same-sex marriage was recognized. In these cases, the couple may need to go through additional legal processes to establish their marriage’s validity. An experienced lawyer can help determine the legal status of the marriage and guide the couple through any necessary legal procedures.
Another legal issue that same-sex couples may face in divorce is property division. Property division in divorce is typically determined by the laws of the state where the couple resides. However, property division for same-sex couples can be complicated because they may have acquired assets in multiple states, some of which may not recognize their marriage. Additionally, same-sex couples may have different financial arrangements than heterosexual couples, such as joint bank accounts or shared investments, which can further complicate property division. An experienced lawyer can help same-sex couples navigate property division issues and ensure their assets are divided fairly.
Child custody is another legal issue that same-sex couples may face when divorcing. Same-sex couples may have adopted children, used surrogacy or donor insemination to have a child, or had a child from a previous relationship. Child custody can be particularly complicated if the couple did not adopt the child together or if one partner is not biologically related to the child. In these cases, an experienced lawyer can help ensure that the child’s best interests are taken into account and that the couple’s legal rights are protected.
Finally, same-sex couples may face discrimination and bias during the divorce process, both from the legal system and from their ex-partners. While the legalization of same-sex marriage has brought significant progress in LGBT rights, same-sex couples still face prejudice and stereotypes that can negatively impact their legal proceedings. An experienced lawyer can help protect same-sex couples from discrimination and uphold their legal rights.
In conclusion, same-sex divorce is a complex legal process requiring an experienced lawyer’s guidance. Legal issues specific to same-sex couples, such as determining the legal status of their marriage, property division, child custody, and discrimination, require a thorough understanding of the law and each couple’s unique circumstances. Attempting to navigate these issues without the help of a lawyer can result in significant financial and emotional stress. Hiring an experienced lawyer with experience with same-sex divorce can help ensure that your legal rights are protected and that you can confidently move on to the next chapter of your life.
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I arranged for Rachel Goldsher with this firm to handle my brother’s divorce. She and the firm’s staff were very responsive to his needs, and recommended a course of action that was reasonable and cost effective. Their billing was very reasonable, with paralegals and other staff handling much of the routine work and billing accordingly. As a result the overall cost of the divorce was reasonable. Rachel also effectively addressed my brother’s particular needs in the settlement agreement. I highly recommend.
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I arranged for Rachel Goldsher with this firm to handle my brother’s divorce. She and the firm’s staff were very responsive to his needs, and recommended a course of action that was reasonable and cost effective. Their billing was very reasonable, with paralegals and other staff handling much of the routine work and billing accordingly. As a result the overall cost of the divorce was reasonable. Rachel also effectively addressed my brother’s particular needs in the settlement agreement. I highly recommend.
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In a time of turmoil, the Irving Law Firm was there to answer my questions regarding a divorce. They do not try to gouge you and explain ways to make your divorce less stressful and pocket friendly. I highly recommend them.
I’d Definitely Hire Again If NeededRebecca and staff were wonderful handling my case. They seemed mindful of the billed time and I didn’t feel any was excessive. Her attention to detail brought me additional arrearages which a former attorney didn’t notice or enforce on prior filings. I’d definitely hire again if needed.
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