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LGBTQ and traditional divorces: How do they differ?

| Dec 3, 2020 | Divorce, Family Law

LGBTQ marriages continue to be performed throughout the nation, but the laws behind these new marriages are often not clear enough or simply incomplete. One of the most common issues people face in an LGBTQ marriage is when they decide that divorce is the best option for them. Because the laws are very new, it can be difficult to navigate this process. The following includes further information on how an LGBTQ divorce differs from a typical divorce.

Child custody

Many states in the union have a rule that the custody of a child will always lean toward the mother during a divorce. How does this work within a same-sex divorce? A judge will typically ask the couple to attempt to come to an agreement regarding the custody of their child. If they cannot come to an agreement, then the courts will look at a number of areas of each parent to determine the best situation for the child. This may include investigating each person’s home life, finances, caregiving abilities and more.

Living support

In many cases, divorced couples will be asked if one person takes care of the other to assess whether spousal support should continue after they separate. This would apply to LGBTQ couples too. Some state laws require the supporter to continue that support for an assigned timeframe even after the divorce has been completed. The timeframe will depend on many variables, such as the financial state of each person throughout the coming months.

Due to LGBTQ marriage and divorce laws still being developed throughout the country, you may want to obtain an attorney’s services. A family law attorney may provide you with the assistance needed to navigate the complexity of an LGBTQ divorce.

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