Experienced Legal Help For LGBTQ Families
Same sex marriages are now legal. Same sex couples, like all couples, are subject to a relationship failing, leading to the need for same sex 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 a more complex analysis than is necessary with other marriages. Our attorneys at Thelen & Associates, LLC understand these differences, and we are able to help same sex couples obtain fair and equitable divorce 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 with commingled finances.
Only looking at the finances from their marriage may provide a distorted view of their financial relationship. Our lawyers work to create a full picture and work for an equitable settlement that matches the reality you lived.
Same Sex Couples’ Children
Before 2014, same sex parents had few options for obtaining legal recognition of their parental relationship for their children. While same sex couples may marry and have each spouse recognized as the parent of a 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 the parents can agree, viable solutions are 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 the child. These can be difficult cases, but we understand the importance of keeping a parental relationship intact.