The Numerous Obstacles in a Same-Sex Divorce
Same-sex couples are in for a unique challenge regarding child custody. This can confuse judges, who may not be familiar with the differences between gay and lesbian couples.
The court has to consider various factors before determining who should receive custody. For example, a court might consider whether the child was adopted and whether a non-biological parent has the right to seek custody.
In some states, the law will give a non-biological parent a legal right to visitation with the child. This isn’t the same as having legal custody, which is the actual possession of the child.
Getting custody of a child from a same-sex marriage can be complicated and emotional. This is especially true if the couple has been married for a long time. An lgbtq divorce attorney nj can be consulted for assistance as well.
Regarding child custody, the most important thing is to focus on the child’s best interests. In a divorce, the parents must agree to ensure they can continue raising the child after the split. Whether the custody case goes to a court or is settled through mediation, the parents must put the child’s needs first.
There are many things to consider when going through a same-sex divorce. Among the most common are financial issues. Having the proper prenuptial agreement can ensure that you’re both on the same page and that you’re not left with unequal assets.
Creating a prenuptial or postnuptial agreement is essential. It can help you identify your assets and debts and what to do with them if you divorce.
A postnuptial agreement can also tell you how to legally title your assets in your estate plan. You’ll want to ensure that you’re titling your assets correctly and that your beneficiaries are up to date.
A cohabitation agreement is another way to get on the same page financially. You’ll need to establish who will be the primary caretaker of your children and who will be responsible for the household’s finances.
Regardless of your financial status, it’s best to plan for your future. An excellent investment option can be a 401(k) or another retirement account. In addition, add your spouse to your company’s health insurance plan.
A few factors can affect your case if you seek spousal support in a same-sex divorce. The length of the marriage, income, ages, health and the presence of any children are all factors that a judge may consider.
When you are seeking spousal support, it is essential to have a detailed budget. This will help you prove your need for support.
The date of the marriage is also an essential factor. You want to ensure that the judge understands the length of your marriage.
In a long-term marriage, spousal support is more likely to be awarded. In a short-term marriage, it is less likely.
A spousal support award typically ends when the recipient remarries, dies, or has a child. However, sometimes, a spousal support order can be extended for some time. For example, a disabled spouse may have trouble finding employment after retiring.
If you’re planning on filing for a same-sex divorce, you’ll need to know how your state’s residency requirements work. Not only must you have a permanent address, but you must also have lived in the state for a predetermined period before you can file.
For instance, you must have lived in New York for an entire year before you can file for divorce there. You can also file for a legal separation if you cannot meet this requirement. The state of Illinois allows non-resident couples to get a divorce, but they must meet a specific set of conditions.
In addition to your initial residency requirements, your spouse’s residency may affect your divorce proceedings. Depending on your situation, you can move to a new state for a short period. However, if you intend to stay there for an extended period, you will still need to be a state resident for varying periods.