31 May 5 Must-Know Facts About Same-Sex Divorce
As society evolves, so do the complexities and legalities surrounding same-sex marriage and divorce. If you’re part of the LGBTQ+ community and going through a divorce, it’s crucial to understand the unique aspects pertaining to your situation. As you navigate this process, learn these five must-know facts about same-sex divorce; they’re especially important for people living in Washington State.
Recognition of Same-Sex Marriage
Washington State legalized same-sex marriage in 2012. Like heterosexual marriages, LGBTQ+ couples celebrating their union will have their marriages recognized by the state. If a divorce becomes necessary, the legal procedures and protections will also apply equally.
Child Custody and Visitation Rights
Washington courts prioritize the best interest of the child when deciding custody and visitation rights. While both parents generally share access to their children, it’s crucial for LGBTQ+ couples to be aware of potential roadblocks due to surrogacy or adoption. If you or your partner are not your child’s biological parents, you may need to take additional steps to establish a legal parental relationship, such as an adoption or court order.
Alimony and Property Division
In Washington, assets and debts are divided equitably during a divorce. The total value of each spouse’s property and debt should be fairly and reasonably divided. Alimony, on the other hand, is determined on a case-by-case basis.
Factors considered for alimony include the standard of living, duration of the marriage, and each spouse’s financial resources. As an LGBTQ+ couple, you should collaborate with a knowledgeable attorney to ensure a fair division according to your unique circumstances.
Washington State does not recognize common-law marriages for any couples, regardless of sexual orientation. However, it does acknowledge committed intimate relationships, which have unique legal implications. LGBTQ+ couples who have established a common-law marriage in another state may face challenges during a divorce. Navigating these complexities requires guidance from experienced common-law marriage attorneys well-versed in committed intimate relationship laws and common-law marriages.
Divorce Rates Among Same-Sex Couples
The divorce rate for same-sex couples is lower than for heterosexual couples, but unique challenges may arise during the divorce process. These challenges can include establishing legal relationships with children or navigating property division due to the federal non-recognition of same-sex marriages before 2015. To protect your rights during this process, collaborate with an attorney who is knowledgeable about LGBTQ+ family law.
A divorce is never easy, but knowing these five facts about same-sex divorce can ensure a smooth and equitable outcome. It’s essential to work closely with legal professionals who are experienced in LGBTQ+ family law. If you require a common-law marriage attorney to help you navigate this process, give LaCoste Family Law a call. We’re dedicated to providing compassionate and comprehensive legal support to protect your rights.