Divorce has never been simple or easy, and it only becomes more complicated between same-sex couples. By law, divorcing LGBTQ+ couples are treated the same as divorcing heterosexual couples. This means they must deal with largely universal matters such as property division, alimony, custody, visitation child support, etc. However, there are distinct issues involved in LGBTQ+ divorce which necessitate the tact and skill of an experienced legal advocate.
Adoption, Custody, & Visitation
Parental rights are the biggest point of contention in LGBTQ+ divorce. Because the legalization of same-sex marriage is relatively new, many couples started families before getting married. The lack of clear-cut guidelines complicates the divorce process far beyond how complex it already is.
Many same-sex couples face difficulties in the adoption process, resulting in only one parent having a legal claim over the child. Others opt for a surrogate, which means one partner is often biologically related to the child. If you are not biologically related to the child and were unable to complete the adoption, you will not have any claim for parenting rights, including visitation or child custody.
Determining spousal support often hinges on how long a couple has been together, though the delay in legalizing same-sex marriage obscures matters immensely. For example, if a couple has lived together for decades before being allowed to legally marry, the courts may not take these years of cohabitation into account. The lack of clarity means divorcing couples have to leave their futures in the hands of a judge who may not understand the depth or length of the relationship, simply because it was not legally clear.
Dedicated Jacksonville Attorney Proudly Serving Families
If you need a Jacksonville family lawyer you can trust to treat your case with the care and attentiveness it deserves, look no further than Zisser Family Law. Our firm is endlessly devoted to our clients’ best interests, no matter how challenging the case may be. We ensure your voice is heard and you won’t regret having us on your side.
Please don’t hesitate to contact us at your earliest convenience by calling (904) 395-2044.