Same sex marriage was legalized nationwide in 2015. Therefore, many lawyers are still learning legal aspects of the unions. Same sex divorce is one of these areas. Prior to 2015, gay couples could be married in a state. Yet, the state did not have provisions for divorce. Divorcing in other states was an option but some states have residency requirements. Today, divorce is legal in all fifty states but some issues are handled differently. It is recommended to hire a lawyer with knowledge in this area.
Many gay couples are parents so custody issues must be resolved. A same sex divorce attorney will explain the legal aspects of custody. Usually, one parent is a biological parent in gay unions. The courts will only recognize the rights of the biological parent. That is why the non-biological parent must adopt the child. If this is the scenario, the custody issues are the same as any other divorce. If there was no adoption, the parties can make an agreement. This agreement would be handled like so many step-parent situations. However, any parenting agreements must still be in the best interests of the child.
Child support is handled like it would be in an opposite sex situation. For instance, the amount may be based on the time each parent spends with the child. Other factors include each parent’s income and expenses. A parent may be given credit for paying things like insurance premiums and day care. A same sex divorce attorney may also seek alimony. Several things are considered in an alimony request. The judge looks at the length of the marriage and the parties’ incomes. For example, a party may be awarded alimony if they are financially dependent on the other. These are often cases where one parent stayed at home and the other worked.
The division of debts and assets is the same as in other divorces. Debts and assets are divided between the parties. The exceptions to this rule are assets one receives from an inheritance. Likewise, the parties may keep their pre-marital property. Those who are interested in learning more should visit the Law Offices of Elan Wurtzel. You can also connect them on Facebook.
