These worries also pertain to heterosexual couple divorce terms but may be more complex. Speaking with an Asheville same-sex family divorce lawyer can help guide you through the legal complexities that concern your specific situation and offer assistance that may make you feel more at ease as you begin the process.
What Is the Difference Between Same-Sex Divorce and Heterosexual Divorce in North Carolina?
The milestone supreme court decision made in the 2015 supreme court case Obergefell v. Hodges stated that bans on same-sex marriages were unconstitutional. The LBGTQ+ community and allies praised the monumental decision, but same-sex couples were interested in what this entailed for family law.
Same-sex couples hold the same legal status as heterosexual couples in North Carolina, so this means that they must follow the same divorce laws, such as:
- Stay separated for at least one year
- One spouse must be a resident in North Carolina for at least six months
- You must complete all forms in your county court
Divorce cases come with their own unique set of circumstances, questions, and anxieties. For same-sex couples, there are a lot of fresh challenges and factors that may affect your decisions. When you work with a same-sex family divorce attorney, you will have access to resources and tools to overcome the challenges of your case.
Specific Challenges in Same-Sex Divorce in Asheville, North Carolina
While same-sex and heterosexual divorces are the same in the eyes of the law, they may have their own unique challenges, such as adoptions, estate planning, and other complex societal factors. When you are ready to face these challenges, it is best to lean on a skilled, compassionate, and diligent attorney to assist you in all aspects of legal proceedings.
These are a few specific challenges that same-sex divorcing couples may face when they begin the divorce process:
Child Support and Custody in Same-Sex Divorce
If your spouse is your child’s biological parent, the court may consider them more favorable in terms of custody, and custody can be complex. Establishing your parental rights in a divorce before separation is important and can cement your presence in your child’s life post-divorce.
When both parents have responsibility for the child, the court may follow the North Carolina Child Support Guidelines to establish child support. These calculations are determined by the child’s needs, health, and living arrangements.
Alimony and Spousal Support in Same-Sex Divorce
The length of the marriage determines alimony and spousal support. The longer the marriage, the more alimony and spousal support the dependent spouse is likely to receive. However, the court may only consider the years of marriage after 2015 and not the length of cohabitation with your spouse before same-sex marriage became legal.
Property Division in Same-Sex Divorce
The determination of property division is also influenced by the year same-sex marriage became legal. This means that property purchased after the legal union will be considered in the property division. The property obtained before 2015 may not be considered marital property and may not be subject to division.
Adoption in Same-Sex Divorce
Even though adoption is an option for same-sex couples and heterosexual couples alike, adoption is a customary way for LGBTQ+ couples to become parents and have parental responsibilities. When adopting, parental custody may not be at the forefront of your mind, but if you want to retain rights and responsibilities when pertaining to your child post-divorce, filing for child support and custody are essential ways to continue to be in your child’s life.
This issue can be complex and overwhelming for many same-sex couples when separating. Discussing your specific circumstances with a same-sex divorce family lawyer is the best way to navigate these challenges and have the specific information needed to make the best decisions for you and your child.
When Should You Contact a Same-Sex Divorce Attorney?
Same-sex divorce can be complex and bring issues to the forefront that you may not know how to handle. There may also be anxiety when beginning the process because of unfortunate discrimination and prejudice that may come from family law. Seeking the help of a compassionate, dependable same-sex family divorce lawyer can make an astronomical difference in your experience.
An Asheville, NC, King Law same-sex divorce attorney can offer ardent advocacy for your rights and help achieve a favorable outcome on your behalf. A few ways a same-sex divorce lawyer can best help you include:
- Protecting your rights
- Fighting for your best interests
- Negotiating settlements on your behalf
- Gathering necessary information needed for your case
- Reviewing and preparing legal documents
- Analyzing and solving potential legal issues
- Answering questions surrounding your case
Speaking with an experienced same-sex divorce attorney in Asheville can help you predict potential issues and solve them before they arise. Working with a same-sex divorce lawyer at King Law can protect your rights throughout the legal process and help you attain favorable results.
Speak with a Trusted Asheville Same-Sex Divorce Lawyer at King Law
When you work with a compassionate, diligent, and dependable same-sex family divorce attorney at King Law, you will have access to the resources necessary for a smooth, stress-free, and time-efficient process. Our primary intention is to work with you to achieve the best outcome possible for your case and support you in moving forward. Our legal team at King Law Offices has extensive experience adamantly advocating for our client’s rights and their best interest.
Our extensive experience in same-sex divorce law and client-oriented approach help create a supportive environment for you. In same-sex or heterosexual marriage, the union may not work out the way we hoped. While the process can feel overwhelming and stressful, having a skilled same-sex divorce lawyer at King Law can help alleviate some of the burdens. Call (888) 748-5464 or fill out our contact form for a consultation.