Experienced Legal Help For LGBTQ+ Families
Same-sex couples, like all couples, are subject to failing relationships, which can lead to the need for divorce.
While the courts now have authority to dissolve these marriages and grant LGBTQ+ divorces, the fact that these marriages have only been legal in the state since 2014 results in potentially complex analysis. At Thelen & Associates, LLC, we are able to help couples in same-sex marriages obtain fair and equitable agreements.
Financial Determinations Can Be More Complex
When dividing the assets of a couple, a court will look to the length of the marriage. For a same-sex couple, their relationship may cover a substantially longer period than their marriage, and they may have lived as a married couple or same-sex union with commingled finances.
Therefore, only looking at the finances from their marriage may provide a distorted view of their financial relationship. We are lawyers who work to create a full picture and work for an equitable settlement that matches the reality of the time they spent together.
The Children Of Same-Sex Couples
Before 2014, same-sex parents had few options for obtaining legal recognition of their parental relationships with their children. While same-sex couples may marry and ensure that each spouse is recognized as a parent of the child, the legacy of the past continues to complicate divorce for these parents. The questions of child custody, placement and support are complicated by the fact that, before 2014, a nonbiological parent would be viewed by the courts as a third party with no traditional parental rights.
If you and your spouse can agree, viable solutions will be available in a settlement. But, if there is no consensus and you need to resort to litigation, we will vigorously work for your assertion of parental rights in support of the best interests of your child. These can be difficult cases, but we understand the importance of keeping a parental relationship intact.
Contact Our Firm
We are attorneys who can help with any questions related to LGBTQ+ family law in Wisconsin. Call our Waukesha office at 262-200-8002 or use our online form to request an appointment.