arrangements entail a review of the unique arrangements, and promises
and reliances of the couple so that both parties are able to move
on and begin again while neither is left unjustly enriched to the
detriment of the other. This does not mean that same sex marriages
are immune to protracted and heated gay divorce battles. We know from
experience that some circumstances just cannot be resolved without
a fight. In such cases, it will be necessary to have a lawyer to
look out for your best interest.
Each state has different laws for gay divorce.
Lesbians and gay men who face gay
divorce have many of the same problems as heterosexual divorcing
couples. Gay divorce often includes dividing property, providing for
custody and visitation, and even arranging to share the family pet -
all without the guidance that heterosexual couples expect from
divorce statutes and family courts.
In a gay divorce, all the family
assets need to be analyzed and divided equitably. This does not mean
that the court will simply award each party half of your property.
Instead the court will hear both sides and come up with a fair plan
based on each spouse's debt load, income, custodial status,
disabilities and other factors.
A qualified gay divorce lawyer will
strive to make sure the outcome reflects your family's real
situation. A qualified gay divorce lawyer can also help you
make adjustments to your will, and negotiate child support and
maintenance where appropriate.
One of the most emotional aspects
of any gay divorce is arranging for the custody of the children. The
court awards custody based on the best interest of the child. For
most families joint custody is preferred. This keeps both partners
involved in and responsible for the care of their children. A
qualified gay divorce lawyer will help you arrange mediation,
negotiate visitation and guardianship, and help your family come to
the best arrangement possible for the future of your children.
If one partner is chosen as the
custodial parent, it doesn't necessarily mean that the other partner
is an unfit parent. The decision may be based on the financial
resources or other mitigating circumstances of the parties involved.
In this case, the court will require the non-custodial parent to pay
child support. If you and your spouse cannot agree on custody, the
law requires that you go to mediation to work out an arrangement. If
an agreement can't be reached, the decision will rest with the
If you have been in a serious,
committed relationship that has come to an end, it's likely that you
and your partner will have to divide property and/or arrange to meet
the needs of children.
Contact a lawyer in your local
area about gay lesbian divorce, mediation.