Divorce can be costly, but it is essential to navigate this legal process—especially for the complexities that are unique to same-sex divorces. If you or a loved one is seeking a same-sex divorce, an experienced Statesville same-sex divorce lawyer can help.
Despite the landmark ruling of the Supreme Court Case Obergefell v. Hodges, which secured the right for same-sex couples to marry legally, same-sex couples do not necessarily have an identical process of divorce as compared to heterosexual couples. Our attorneys at Griffin Law, PLLC, can provide reliable legal assistance and representation throughout the divorce process for same-sex couples in North Carolina.
Understanding Same-Sex Divorce
Same-sex divorces are often more complex than straight-couple divorces, with this especially true for those in a committed relationship before the legal right to marry for same-sex couples was granted in 2015. Before examining these differences, it is important to understand the basic rules and procedures of same-sex divorce that are the same as for all divorces. The basic requirements for filing a divorce in North Carolina include:
- Meeting the residency requirements (at least one spouse is currently a resident of the state and has been for the last six months)
- Spouses have lived separately for at least one year
While there are differences between the process for straight and same-sex couples for divorce, same-sex couples need to meet the same foundational grounds to move forward in the process.
The Elements of Divorce
The typical elements of all divorces include child custody and child support, marital property distribution, and alimony requests. Regardless of the type of marital relationship, each of these aspects requires a thorough understanding and is a key component of divorce cases through which your attorney can help guide you:
- Child custody refers to the legal decisions for the child’s physical care and supervision, while child support ensures the child’s financial needs are met.
- Marital property encompasses all assets and debts that either spouse gains during the marriage, and its division is negotiated to ensure fairness for both individuals.
- Alimony is not automatic and is only awarded when one spouse demonstrates financial need and support, with the other spouse having the ability to provide that support.
Understanding the key foundational elements of all divorces is crucial to recognizing how these aspects may face increased challenges in same-sex divorces.
The Complexities of Same-Sex Divorce
Any divorce certainly comes with its challenges, but same-sex divorces face several unique conditions within the legal process itself. Because children in same-sex marriages are not biologically related to both parents or may not share any biological relation, child custody may become complicated. The non-biological parent may need to obtain step-parent adoption to secure parental rights, which requires additional steps and further engagement with family law services.
An additional complication for some same-sex couples arises when their relationship began long before the 2015 Obergefell v. Hodges ruling, as any property or assets shared prior to legal marriage often lacked formal legal recognition. Unfair property division can become common, as it may be more challenging to determine the rightful ownership due to the lack of formal legality prior to 2015.
Why Do I Need a Lawyer?
For any couple seeking a divorce, it is highly recommended to have a lawyer to help you navigate and represent you in working towards securing your rights after a divorce. For same-sex couples, having a divorce lawyer is even more essential due to the several unique circumstances same-sex couples have to navigate.
Same-sex individuals should seek a skilled attorney to obtain a concrete understanding of the law, advocacy for their rights, and effective negotiation to navigate this complicated process. While the financial costs may cause apprehension for seeking legal assistance, you should not feel that you have to navigate a same-sex divorce alone. Talk to our Statesville lawyer team. today to diwscuss your case.
FAQs
How Much Does a Same-Sex Divorce Cost?
The cost of a same-sex divorce can vary based on the complexity of the case, particularly when children or significant shared assets are involved. In general, same-sex divorces may be more expensive than heterosexual divorces due to additional legal steps, such as establishing parental rights or resolving property disputes from before marriage was legally recognized.
Is Same-Sex Divorce Legal?
Same-sex divorce is legal in all U.S. states, and any attempt to deny same-sex divorce would be a violation of the Fourteenth Amendment’s Equal Protection Clause following the Supreme Court’s Obergefell v. Hodges decision. Same-sex couples are entitled to the same equitable treatment as heterosexual couples and should not feel discriminated against for their right to divorce.
Can Couples Use the Same Divorce Lawyer?
No, couples cannot use the same divorce lawyer because that would constitute a conflict of interest. This restriction ensures that both clients are represented distinctly and fairly, as divorce lawyers have the duty to maintain both the loyalty and confidentiality of their clients. However, it is highly recommended that each partner secure legal representation to ensure that their interests are protected.
Is It Cheaper to Get Legally Separated or Divorced?
Legal separation may potentially be less expensive than getting legally divorced—but that cannot be guaranteed. The complexities and unique circumstances of individual cases present various potential costs. Additionally, not all “costs” are financial, as there are personal and emotional costs to consider. An experienced same-sex divorce lawyer can walk you through your options and compare the final costs of each choice.
Talk With an Experienced North Carolina Same-Sex Lawyer Today
The North Carolina LGBTQ population is growing, with NC being home to an estimated 382,000 LGBTQ individuals. While inequities in cultural and legal practices continue to diminish, there are still several legal distinctions for same-sex individuals, making it essential to have a detailed understanding of the same-sex divorce process.
At Griffin Law, PLLC, we understand the challenges of same-sex divorce. Our team can provide you with the strong advocacy you need to navigate this difficult time and can work towards securing an outcome to protect your rights and assets. If you are currently facing the prospect of a divorce and are looking to secure quality legal representation, contact our firm today.
