After years of fighting for their legal rights, same-sex marriages are recognized across the country. However, they still face a myriad of legal concerns. Our lawyers are dedicated to helping members of the LGBTQ+ community navigate divorce and family law.
Unique Issues for LGBTQ+ Families
Common challenges for LGBTQ+ couples include:
Same-Sex Divorce and Alimony
Connecticut recognized marriage equality in 2008. However, many same-sex couples were together well before their marriage was legalized with combined finances and living like a married couple. However, when calculating alimony, the court considers the start date of the legal marriage. Due to this complexity and others, it is important to retain an attorney to help through the divorce process.
Child Support and Child Custody
Child support and custody are complexified if a nonbiological parent has not ensured their full legal rights. In Connecticut, both spouses are assumed to be parents, but a donor could claim parentage and take away the legal rights of the nonbiological parent. This impacts child custody and support cases. To prevent this, same-sex couples can legally adopt a child and be considered equally in child support and custody cases.
Property Distribution
Connecticut is also an all-property state, meaning almost all property is relevant in a divorce. Connecticut is an equitable distribution state, meaning the property is distributed fairly in a divorce. In determining a fair distribution of property, the court considers the legal beginning date of a marriage. However, many same-sex couples acted as a married couple before same-sex marriage was legalized in 2008. This makes an equitable distribution of property more difficult. Our attorneys are committed to helping our clients achieve a fair distribution of property.
Same-Sex Divorce
Because same-sex couples face unique issues in divorce, many same-sex couples choose to pursue mediation or collaborative divorce. This allows the couple to consider the length of the relationship in a way that the court cannot. However, if the couple cannot reach an agreement, our attorneys are prepared to litigate.
