Ways to Legally Resolve Issues For LGBTQ Divorce

FAQs on Tennessee Divorce Law - Hunter Fowler Attorney

Since legalizing gay marriage, same-sex couples have become more commonplace and frequently seek divorce. Although family law issues in these cases often mirror those in heterosexual divorces, some nuances arise that require a lawyer with sensitivity and experience to handle them effectively.

One complication that many LGBT couples face is property division. Because most property acquired before marriage is considered separate, dividing marital assets can be challenging.

Property Division

Property division can be a complex issue when same-sex couples get divorced. It is because the couples often lived together for years before they legally married, and many of their assets were acquired before the legalization of gay marriage.

If you are an LGBT couple going through a divorce, you need an experienced LGBTQ divorce attorney NJ to help you through this process. Your attorney should know the nuances of property division in same-sex divorces and understand how to protect your rights.

A property division attorney will work to ensure that all the assets are divided fairly and reasonably to both parties. It will include dividing any premarital property and providing that the debts are divided equally.

In addition, a knowledgeable attorney can help you navigate complex issues such as alimony, child custody and prenuptial agreements. Additionally, your lawyer will be able to provide you with the direction and encouragement you require during this trying period of your life.

Child Custody

Generally, same-sex couples and those with children must resolve issues related to child custody. One parent may be given primary physical custody of the kid; both parents may share physical custody, or the child may be allowed to visit with one parent under close supervision.

However, same-sex couples face unique challenges in custody cases because they may be non-biological parents. Historically, courts have been inclined to award custody to the biological parent of a child in a same-sex divorce, but that has changed recently.

When same-sex couples have children, these families are often raised with the help of a sperm donor or other gestational carrier. Alternatively, they can adopt the children through the legal adoption process. It can remove the donor’s rights and give both parents full legal custody of their children.

Spousal Support

If you are an LGBT spouse undergoing a divorce, your legal battles may be incredibly challenging. LGBT couples may still have several particular difficulties while divorcing, even if same-sex unions are now permitted in all jurisdictions.

One such issue is spousal support or alimony. This type of support may or may not be paid for your divorce.

As with child custody, a judge will decide how much spousal support is awarded to your ex-spouse. The court will consider the financial resources and earnings of both parties.

Aside from these factors, a judge can also consider marital misconduct. It can include neglect, domestic abuse, and mismanagement of finances.

As a result, working with an experienced spousal support attorney is essential if you are going through a divorce. The lawyer should know the ins and outs of alimony laws and how to present your case effectively.

Prenuptial Agreements

Prenuptial agreements allow couples to spell out how they would like their assets divided if they divorce. They’re a good idea for anyone planning a long-term marriage, but they’re accommodating for LGBT couples.

They also allow couples to determine the amount of alimony they’ll receive after a divorce.

A well-written prenuptial agreement can protect assets for a spouse or children from a previous relationship and prevent one partner from becoming destitute if the other is financially unprepared. An experienced gay and lesbian prenup attorney can help a same-sex couple decide on a property division and spousal support plan that is enforceable anywhere in the country.