North Carolina Same Sex Divorce Attorneys

In 2015, the Supreme Court declared in Obergefell v. Hodges that state bans on same-sex marriages were unconstitutional. The landmark decision was welcomed, but many LGBTQ couples were curious about what the change ment for family law. Same sex couples hold the same legal status as heterosexual ones, so they must follow the same North Carolina divorce laws:

• Separation of at least one year
• One spouse must be a resident of North Carolina for at least six months
• Completion of all forms in your county family court

All divorce cases come with a considerable amount of questions and change. For same sex couples, there are a lot of new factors and pressures that can affect your decisions. When you work with a same sex attorney, you’ll have access to resources that can help answer your questions.

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While LGBTQ+ marriages have the same rights as heterosexual ones, same sex couples can face unique issues with adoption, estate planning, and certian societal pressures. When you are facing these challenges in legal proceedings, you will want someone with experience assisting you. Consider the following challenges that same sex couples often face:

Alimony or Spousal Support

The longer a couple is married, the more support the dependent spouse is likely to receive. However, same sex marriage only became legal in the United States in 2015. Even if you have lived together and been with your partner years before marriage, the court may only consider the years of marriage and not those of cohabitation. For the dependent spouse, this can pose a threat to the welfare of their family and themselves.

Child Support and Custody

If your child is the biological offspring of your partner, the court may consider the other parent more favorable, and custody can be tricky. Establishing your parental rights before separation is critical and can make sure that you have the ability to stay in the child’s life.

When both parents have parental responsibility for the child, the court follows the North Carolina Child Support Guidelines to calculate child support. The calculations are based on the child’s living arrangements, health needs, and other contributing factors.

Property Division

Similar to spousal support, the court often makes decisions about items only purchased after the legal union. Due to same sex marriages only being legal in North Carolina after 2015, property obtained prior to the union may not be considered marital property. Possessions bought before the legal marriage will be considered separate property and are not subject to division. This can be highly unfair and difficult for many couples.

Adoption

While not strictly for same sex couples, adoption is a common way for LGBTQ couples to become parents and share parental responsibility. Claiming parental rights is not always the first thought when having children, so if you don’t have these rights and still want responsibility for your child, filing for child support and custody are some ways to continue to be in your child’s life.

Many of the issues above are serious problems and challenges that same sex couples go through when separating. Discussing your options with a same sex divorce lawyer can provide you with the necessary information to make your decision and help your intentions.

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Issues involving family law for same sex couples can be complicated and may, unfortunately, experience discrimination and prejudice. Having the help of a dependable same sex lawyer advocate for your rights and intentions is crucial to receiving the best possible outcome for your case. Some of the many ways a same sex divorce lawyer can help you include:

• Answering questions about your case
• Analyzing potential legal issues
• Gathering the necessary information
• Reviewing and preparing legal documents
• Negotiating settlement options
• Protecting your rights and interests

Due to how recent the legalization of same sex marriage is, there are many new and unique problems that couples face. Only in the last few years have we seen different circumstances and problems within marriages of same sex couples. With every passing day, we learn more and more about the needs and interests of LGBTQ couples. Contacting an experienced lawyer who can fully invest their knowledge into your case can significantly impact your results.

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