Lake Mary Same-Sex Divorce Attorney
Unlike previous estimates, divorce rates among same-sex spouses are virtually the same as opposite-sex spouses, with two percent of marriages ending in divorce each year, according to the Washington Post. The dissolution of marriage is the same for opposite sex spouses as it is for same-sex spouses. Division of marital assets, alimony, child support, and child custody and visitation are all major factors in same-sex divorce. Yet, while most aspects of a same-sex divorce are similar to that of an opposite sex divorce, there are a few areas in which same-sex couples need to be extra vigilant, depending on the circumstances of their marriage. Reach out to our Lake Mary same-sex divorce attorneys at the Troum Law Firm, P.A. for help.
Complicated Child Custody Issues in Same-Sex Marriages
Nearly 15 percent of same-sex couples have at least one child under the age of 18 in their household, according to the Census. This can cause serious complications during contested divorces. The biological parent of a child in a same-sex marriage will generally be given custody rights. This may mean that the other parent, whether they played a major role in the child’s life or not, is left fighting for custody or even the right to visit their child if the parenting plan is contested in court. Courts are generally more favorable to the biological parent even if the other, non biological, parent is a legal guardian of the child. In other cases, in which the couple adopted a child, sometimes only one parent signs papers to become the legal guardian. In such a contested divorce, the parent who does not have legal guardianship may end up fighting an uphill battle to gain custody or visitation rights during divorce.
If a spouse who does not have guardianship, did not play a major role in the child’s upbringing, and/or came to the marriage after their spouse’s child was born, it may be unlikely for the custodial parent to win a child custody order, as that non-custodial parent will likely not have to pay support.
Division of Assets
The sex of each spouse has little to no bearing on asset division. Marital assets (virtually all assets accrued during marriage) are considered marital property, and will be subject to division during divorce. All other property will not be divided. One complication that same-sex couples sometimes run into is “when” the marriage started. same-sex marriage only became recognized in the entire state in 2015. Many couples considered themselves married long before the state and country finally caught up. Assets accrued before 2015 may not be subject to division, as they may not be considered marital assets.
The lower earning spouse may be awarded alimony in same-sex marriages. The various types of alimony include bridge the gap, rehabilitative, lump sum, permanent, and reimbursement alimony.
Contact a Lake Mary Same-Sex Divorce Lawyer Today
Whether you are going through divorce, or if you are ending a domestic partnership, an attorney is essential. For same-sex couples who are unmarried and are not in a domestic partnership, division of assets and other issues such as child custody can become even more complicated. Our same-sex family law and divorce attorneys at the Troum Law Firm, P.A. can help, regardless of your specific situation. To schedule a consultation at no cost, call our experienced Lake Mary attorneys today at 321-428-2247.