Troy LGBTQ Divorce Lawyer
Just as same-sex couples have the right to marry in Troy, they also have the right to dissolve that marriage by satisfying the requirements to complete the divorce process. If you are considering divorce, a Troy LGBTQ divorce lawyer may be able to help.
While all couples have equal rights under the law, there are unique challenges that can still arise in a same-sex divorce. You could benefit from discussing your options with a skilled divorce lawyer – call today to get started.
The History of Same-Sex Divorce in Troy
On July 24, 2011, same-sex marriage was legalized across the state. Before that date, same-sex couples could not marry legally, although the law did recognize same-sex marriages from other jurisdictions. Thanks to the Full Faith and Credit Clause of the Constitution, courts were required to recognize lawful marriages from states that did accept same-sex unions. Troy courts could also divorce these couples if they met the requirements for residency under state law.
Under current law, same-sex couples enjoy the same rights and protections extended to heterosexual couples. Of course, there are disputes that can arise during any divorce that could require the guidance of legal counsel. A local attorney may help resolve these issues in an LGBTQ divorce.
Common Issues in LGBTQ Divorce
There are many issues that could arise in an LGBTQ divorce. Just as with any marriage, dissolving these unions can be a complicated, drawn-out process. Pursuing an LGBTQ divorce without the guidance of a Troy attorney may be tricky – it is always advisable to consult with a legal professional before pursuing a divorce.
In every child custody case, courts are required to follow the child’s best interest when reaching decisions about the custody of a minor child. While there are no specific laws that govern same-sex child custody decisions, one challenge that is more likely to arise in these cases is whether or not both parents have legal custody of the child. If a spouse is not the birth parent of the child, they must have secured parental rights through adoption to secure custody in the divorce. An experienced attorney may help adoptive parents understand their custody rights and the specifics of their case.
Division of Property
State law is focused on the equitable division of marital property during a divorce. This means that the courts are bound to divide property in a way that is fair—even if it means one spouse receives more than the other. However, same-sex couples might run into unique issues as it pertains to the distribution of marital assets.
The length of a marriage is a factor that judges take into consideration when dividing assets in a divorce. While same-sex marriage has only been legal in New York since 2011, the reality is that many couples were together long before this decision. This can make it difficult for judges to make decisions regarding property division, and this process might vary from case to case. A Troy LGBTQ divorce attorney may help couples understand their rights to marital property and pursue a fair outcome in their case.
Talk to a Troy LGBTQ Divorce Attorney Today
If are seeking to end your marriage, it is vital that you discuss your options with an attorney. There are aspects of divorce unique to LGBTQ couples, and the right legal counsel could make a huge difference throughout the process.
Let a Troy LGBTQ divorce lawyer walk you through your options during a complimentary consultation. Call right away to get started.