Solutions That Work From
Family Attorneys Who Care.
Home 9 Divorce 9 LGBTQ+ Divorce: What to Know Before Seeking a Same-Sex Divorce Lawyer

LGBTQ+ Divorce: What to Know Before Seeking a Same-Sex Divorce Lawyer

May 15, 2023 | Divorce

Divorce proceedings can be a difficult and emotional process for anyone, but even more so for members of the LGBTQ+ community. This is because same-sex couples often face unique challenges when it comes to legally dissolving their marriage due to the lack of legal recognition of their union in many states. Fortunately, there are steps that can be taken to ensure that a same-sex divorce is handled fairly and equitably.

Get the Facts About a Same-Sex Divorce Lawyer and LGBTQ+ Divorce Proceedings

The first step to understanding LGBTQ+ divorce proceedings is to consult a same-sex divorce lawyer. A good same-sex divorce lawyer will understand the legal issues related to same-sex marriage, as well as the social and emotional dynamics of a same-sex divorce. They will also have experience handling same-sex divorces and will be able to provide advice and guidance on the legal process.

In addition to consulting a lawyer, it is important to understand the particular challenges that same-sex couples face when navigating divorce proceedings. One of the most common challenges is the lack of legal recognition of same-sex marriage in many states. This means that same-sex couples may not have access to the same rights as heterosexual couples in terms of division of property, spousal support, and child custody.

Another challenge is the social stigma that is still associated with same-sex relationships, which can make it difficult to resolve legal issues related to the divorce. It is important to be aware of this stigma and to be prepared to address it if it arises during divorce proceedings.

Finally, it is important to be aware of the special considerations that are often needed when dealing with a same-sex divorce. For example, if a same-sex couple adopted a child together, they will need to determine who will have legal custody of the child after the divorce. It is also important to consider issues such as division of property and spousal support, as well as any other issues that may arise during the divorce.

Know Your Rights

It is important for LGBTQ+ individuals to understand their rights when dealing with a same-sex divorce. This includes the right to be treated equally and to have access to the same legal protections as heterosexual couples. It is also important to understand the laws in your state regarding same-sex marriage and divorce, as these can vary from state to state.

It is also important to understand the financial implications of a same-sex divorce. This includes issues such as division of property and spousal support. It is important to understand the tax implications of a same-sex divorce, as this can have a major impact on both parties.

Finally, it is important to be aware of the emotional implications of a same-sex divorce. This includes issues such as dealing with the grief of ending a relationship and addressing any feelings of guilt or self-blame that may arise. It is also important to be aware of the potential for bias or discrimination during the divorce process.

Find the Right Support

It is also important to find the right support during a same-sex divorce. This includes family and friends, as well as LGBTQ+ support groups and other resources. It is also important to find a lawyer who is experienced in handling same-sex divorces and who is sensitive to the needs of the LGBTQ+ community.

Conclusion

Divorce proceedings can be challenging for anyone, but especially for members of the LGBTQ+ community. It is important to understand the legal and emotional implications of same-sex divorce, as well as the resources that are available to help. Seeking the advice of a same-sex divorce lawyer and finding the right support can help to ensure that the process is handled fairly and equitably.