Navigating LGBTQ+ Divorce: Understanding Your Legal Rights & Options

 

The basic rules and procedures for same-sex divorce are the same as for all divorces. Still, married LGBTQ+ couples might face particular complications, including parental and property rights issues. This complicated and frustrating process could become even more so if your relationship started before your marriage was legal. Here are some of the different things our LGBTQ+ divorce attorney in NJ feels you should keep in mind when looking to divorce from your partner:

Custody & Child Support Issues

Unfortunately, when a marriage ends badly, the same people who fought for marriage equality will sometimes use discriminatory parentage laws against an ex. That is because laws in many states still use gendered language (such as mother and father or husband and wife) when establishing a parent-child relationship. But this gendered language doesn’t necessarily mean those laws don’t apply to LGBTQ+ couples. By working with an attorney that specializes in LGBTQ+ divorces, you will be better prepared to make your case when it comes to custody and child support issues.

 

Property Division Issues

In every divorce, gay or straight, a judge will divide the marital property and debts between the spouses. Generally, any property or assets earned or acquired during the marriage is considered “marital property.” This rule could lead to an unfair division of property for same-sex couples who were living together and sharing their lives before marriage became legal. Some judges might recognize the unfairness of this situation, but there is no guarantee. Another reason to work with an attorney.

 

Spousal Support Issues

Alimony is another issue that can become complicated in LGBTQ+ divorces when couples have lived together for many years before the laws allow them to marry legally. While the courts are likely to base alimony on the same rules that apply to heterosexual divorces—the longer the marriage, the more likely the judge will award spousal support to a spouse who needs it—the laws don’t necessarily account for relationships that lasted much longer than your marriage. While there is no easy way to predict the outcome of any particular case, it is always a good idea to work with a divorce attorney to make sure your side of the case is heard to reduce the chances of an unfair spousal support outcome.