Connecticut Issues Facing Same-Sex Couples
The LGBTQ+ community spent generations fighting for the legal rights that have finally been recognized. Now, same-sex marriages are recognized across the country, and in many parts of the world, however couples still face various legal issues. While legal problems are always stressful, anxiety is compounded during a divorce. You are already upset about your marriage’s breakdown, and these legal hurdles add to your stress. Freed Marcroft is committed to helping the LGBTQ+ community navigate these difficult issues. The firm stays abreast of the rapidly changing legal landscape and can provide you the representation you need during this difficult time.
Common Issues Same-Sex Couples Face
Every divorce has its set of challenges. However, the challenges for same sex couples are unique. Common challenges include:
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ALIMONY CALCULATIONS AND SAME-SEX DIVORCE
Many same-sex couples were together well before Connecticut recognized marriage equality in 2008. Long-term couples might not have been legally married prior to 2008, but they combined finances and lived like married couples. However, when determining alimony, generally speaking the court considers the length of the marriage rather than the length of the relationship. This alimony complication has a disproportionate impact on same-sex spouses. Plus, there are numerous other alimony factors that come into play.
Freed Marcroft’s divorce attorneys find mediation or collaborative divorce to be particularly effective for our LGBTQ+ clients, as they provide the flexibility to design alimony and spousal support so that it properly reflects the spouses’ relationship.
CHILD CUSTODY & PARENTING FOR SAME SEX PARTNERS
When a child is born into a marriage, there is a marital presumption that both spouses are the child’s legal parents. However, that presumption is not recognized everywhere outside of Connecticut, and could be challenged - even in Connecticut. A second-parent adoption ensures that both parents have full legal rights to and responsibilities for their children.
When a child is born to unmarried, long-term partners, there is no marital presumption that the non-bio parent is a legal parent. A second-parent adoption fixes this problem. Without it, the non-biological parent may have to seek custody or visitation rights as any third party who has a substantial relationship with the child. When it comes to a custody dispute between a parent and a non-parent, there’s a presumption that it is in the child’s best interest to be in the parent’s custody. The non-parent may rebut the presumption in favor of the parent by showing that it would be detrimental to the child.
SAME SEX DIVORCE INFORMATION & FACTS
Freed Marcroft’s same-sex divorce attorneys have a lot of experience helping people through this time, and part of our job is to explain how divorce and family law work in Connecticut. Check out our Divorce Information and Facts for answers to the most common legal questions. In addition, we are always adding new divorce and family law information to both our Divorce and Family Law Blog and YouTube video channel.
If we decide to work together, you will have the opportunity to ask (and we will answer) whatever legal questions are on your mind. Your lawyer’s answers will be specific to you, your situation, and your goals.
SAME-SEX DIVORCE OPTIONS
Freed Marcroft’s attorneys handle high and low-conflict divorces through litigation, mediation, and collaboration. Our lawyers devote their practice exclusively to divorce and family law. Our singular focus, without distractions, allows us to go “a mile deep” on all the highly evolving aspects of family law, especially including high-net worth and international divorce and custody, and the complexities involved when dissolving same-sex marriages.
We call our initial consultation the Goals & Planning Conference because it’s all about your future. That way, your divorce attorney is set up to design a legal strategy to get you on to living the life that you want to live.