Is an LGBTQ Divorce Different from Other Divorces?

lgbtq divorce

There are few things more stressful than getting a divorce, no matter who you are. That said, if you are a member of the LGBTQ community, you were only fairly recently granted the right to get married, and now you may find yourself in a situation where you’re ready to get a divorce. This can be devastating, as you thought your relationship would last a lifetime, and now you’re wondering what challenges LGBTQ divorce may present that other more “standard” divorces don’t. Please continue reading and reach out to our knowledgeable and compassionate Bergen County divorce attorneys to learn more about LGBTQ divorce and how our firm can help if you’re about to go through one. Here are some of the questions you may have:

How is an LGBTQ divorce the same as other divorces?

To start, the first thing you should understand is that these divorces are pretty much the same as all other divorces, in that they involve the same emotional and financial issues, as these divorces, on the surface, are no different than any other divorces. That said, there are certain facets of these divorces that can become more complicated, depending on your personal situation.

What can make these divorces different?

The first thing that can cause a divorce of this nature to differ from other divorces is if the couple initially entered into a domestic partnership or civil union and then later got married once it was legalized. In this case, the couple would likely have to dissolve the civil union or domestic partnership and then go through the divorce process. Further, if a couple wasn’t married from the moment they started cohabitating, sharing living expenses, and contributing to their home, it may be more difficult for courts to accurately ascertain the amount of property each partner is entitled to via equitable distribution, alimony, and more. Finally, in some cases, matters of child custody can be a bit more complicated when it comes to LGBTQ divorces. For example, LGBTQ couples often adopt children, and in some cases, one partner may have already had a biological child from a previous relationship that their partner cared for and acted as a parent, but never formally adopted.

In summary, though LGBTQ divorces are largely the same as other divorces, it is important that any LGBTQ couple hires an attorney who is knowledgeable of the potential complexities that may arise out of these divorces and who can fight for the best outcome possible outcome on their behalf. If you have any questions or would like to learn more, please don’t hesitate to pick up the phone and give us a call or reach out to us online.

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