Around the United States, same sex marriage is marriage. Like any marriage, same sex couples can have their problems. Sometimes, the problems will be so difficult that overcoming them will not be possible. In this case, a divorce may be necessary. Same sex divorce lawyers find that many same sex couples who are going through a divorce will face unique problems in the process due to discrimination, inconsistent laws, and a legal system that does not always understand. These can cause matrimonial issues that heterosexual couples might not face.
A skilled lawyer, like a divorce lawyer from the Law Office of Daniel J. Wright, is there to help you. He or she will understand the unique challenges that you may be faced with and will be prepared to ensure your rights and interests are protected. For a consultation with a same sex divorce lawyer, call a law firm today.
Same Sex Divorces
Same sex marriage is recognized in all 50 states. Because this kind of marriage is relatively new, these divorces often present uncharted issues. Apart from the initial divorce, child support, custody, and asset division can cause further complications that may be unusual in heterosexual divorces.
Let an attorney help you navigate the challenges that may present themselves in a divorce. Whether he or she is helping you to mediate your case or have taken it to litigation, a skilled lawyer will keep your goals and objectives in mind throughout the entire proceeding.
Common Law Marriage
Common law marriages exist when two people are living together indefinitely and present their relationship as being a marriage without legal marriage documentation. This type of marriage was very common with LGBT couples until same sex marriages were legalized. Common law marriages were recognized between same sex couples in 2015 after a Travis County judge reinforced that these marriages also apply to same same couples. Those who have been considered to be in a common law marriage prior to 2015 and want to separate may encounter complications. This may be more true when there are children or large assets involved. An experienced same sex divorce lawyer can help you understand if this applies to your own situation and advocate for you on your behalf.
The Parental Rights for Same Sex Couples
In the event that you and your partner adopted a child prior to same sex marriages being made legal, it is likely that only one of your names is listed on the birth certificate. The parent who is not named on the certificate could face various challenges in the event of a divorce or dispute over child custody.
Same Sex Marriage Rights
People in a same sex marriage will have the same rights as heterosexual couples in a divorce. These include, but are not limited to:
- Your right to alimony or spousal support
- Community property rights
- Homesteading rights
- Some reimbursement rights
As you go through a divorce, an experienced attorney can help you to ensure your rights are not violated, and that your divorce decree is made fair. You might face unique challenges along the way, and you need to know that you have a good lawyer on your side. A good same sex divorce lawyer will assist you in resolving your problems in a way that reflects your objectives and interests. To learn more, please call a divorce lawyer today to set up an initial consultation.