As LBGT couples become increasingly commonplace, they must be adequately represented regarding family law issues like separation, divorce and child custody. An experienced LGBT divorce attorney can help protect their rights. Property division in same-sex marriages can be more complex than in heterosexual divorce cases. Several factors come into play, including how long spouses cohabitated before legal marriage.
Child Custody and Visitation
When a child is involved, the court’s primary concern will be the child’s best interests. A judge will determine visitation and custody arrangements based on the parents’ proposed plans and evidence, such as child custody evaluations. Same-sex couples have the same rights as heterosexual parents regarding establishing legal and physical custody, parenting time and child support. However, there can be unique complications in these cases, such as the aggregation of separate wealth that can complicate the valuation and distribution of marital assets, especially when the couple married later in life and accumulated significant investments in their capacities before marriage. Moreover, as the economic circumstances of both parties change, so can the terms of support and custody arrangements. A skilled settlement agreement Brick NJ attorney can help clients modify their agreements when necessary without engaging in costly and emotionally difficult litigation. An experienced attorney can also assist with the establishment of prenuptial agreements.
Alimony
With same-sex marriage legalized in New Jersey and throughout the United States, many families must navigate divorce and child custody issues. Although same-sex couples may have equal rights and benefits as heterosexual spouses, several unique complexities must be addressed in LGBT family law cases. One of the most significant complications relates to alimony. Typically, same-sex spouses don’t have the same benefit of marital longevity as heterosexual couples, which could impact how much spousal support is awarded. Spousal support is based on numerous factors, including the standard of living during the marriage, the ability to earn income, and the age and health of the parties. An experienced LGBTQ divorce attorney can help ensure all relevant information is considered when deciding on a reasonable spousal support award. This includes identifying all assets that are subject to division and determining the value of these assets. An attorney can help clients understand how state laws and taxes impact their alimony payments.
Property Division
While federal law has ensured that gay couples have the right to marry, there can still be complexities in divorce and family law cases. If a gay couple’s marriage is ending, it may be beneficial for them to speak with a Beaufort LGBTQ divorce attorney for guidance. Like heterosexual couples, same-sex spouses must also deal with property division, alimony, and child custody issues. One of the biggest problems that can arise in gay and lesbian divorce cases is that some assets might have been acquired before the legalization of same-sex marriage. In these situations, hiring a family law lawyer to help determine how the assets should be divided is important.
Other factors that can influence equitable distribution and alimony include the length of the marriage. For example, the longer a wedding is, the more likely spousal support will be awarded. It is also crucial to consult with a family law attorney with experience handling child custody matters for LGBT couples.
Child Support
The right to marry has opened many doors for LGBTQ people but also creates challenges. For instance, the anti-LGBTQ stigma can create intrapersonal and interpersonal stress that impacts relationship stability. This stress may make a relationship more prone to dissolution and complicate child custody and property division cases. Domestic violence is an issue in same-sex relationships, as well, and can impact decisions about alimony, property division, and custody. A divorce attorney with experience handling family law matters involving same-sex couples can help clients navigate the complexities that may arise in these cases.
Overall, the issues a same-sex couple must resolve during divorce are generally the same as those of opposite-sex couples. However, there are several unique considerations that an experienced LGBTQ divorce lawyer can offer to their clients. This includes the determination of child custody, which is often more complicated when one parent is not biologically related to the children.
