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Charlotte Same-Sex Divorce Attorneys

Lawyers for LGBT Couples in NC

The Obergefell v. Hodges U.S. Supreme Court ruling in 2015 brought marriage equality to all. From that point forward, same-sex couples have had equal rights to marriage and, on a less positive note, divorce.

The good news on that front is that the issue of same-sex divorce is not nearly as confounding as it was before the Supreme Court ruling. The years leading up to Obergefell v. Hodges brought a patchwork quilt of state rulings on gay marriage and divorce.

Why You Need a Qualified Same-Sex Divorce Attorney

Same-sex divorce today is much less complicated than it was before for most couples. However, those who made their commitment through civil unions or domestic partnerships before same-sex marriage was legalized might face additional issues. 

Sometimes these individuals have found that the state in which their legal proceedings took place later interpreted their partnerships as marriages. In those limited situations, same-sex divorce might be the only way out of dissolving the union.

For most, your divorce is not likely to be as complicated as it might have been in recent years, but you could face the same challenges heterosexual couples deal with when their marriages end: division of property and custody of minor children, determining child support payments, among others.

Regardless of the exact form of your same-sex union or the issues you might face, you need to consult the services of a Charlotte LGBT divorce attorney as soon as possible. We can address all your questions and help you understand the law as it relates to your unique situation, whether you are in a domestic partnership or marriage. 

Let us help you restart your life under your own terms. Call (704) 286-0570 to speak with a lawyer at Blood Law, PLLC.

Requirements for Same-Sex Divorce

Same-sex unions hold the same legal status as heterosexual unions, so the same North Carolina divorce laws apply:

  • You must be separated for at least 1 year
  • One spouse must be a resident of North Carolina for at least 6 months
  • You must complete all required forms in your county family court (Charlotte is in Mecklenburg County)

Protect Your Rights in a Same-Sex Divorce

At Blood Law, PLLC, we understand the unique challenges that can arise in a same-sex divorce. Our experienced lawyers are dedicated to protecting the rights of LGBT couples and ensuring a fair and equitable resolution.

Why choose our same-sex divorce lawyers in Charlotte?

  • Expertise in LGBT family law: Our attorneys have extensive knowledge and experience in navigating the legal complexities specific to same-sex divorces.
  • Understanding of evolving laws: As laws surrounding same-sex marriages and divorces continue to evolve, it is crucial to have a knowledgeable attorney who stays up-to-date with the latest legal developments.
  • Advocacy for your rights: We are committed to advocating for your rights and helping you achieve a divorce settlement that protects your interests and assets.
  • Sensitive and compassionate approach: We understand the emotional challenges that can accompany a divorce, and we provide compassionate guidance throughout the process.

By choosing Blood Law, PLLC, you can have peace of mind knowing that your same-sex divorce case will be handled with the utmost professionalism and dedication. Take the first step towards a fair resolution by contacting our experienced team today.

Understanding Property Division in Same-Sex Divorce

One of the most complex aspects of any divorce is the equitable division of property and assets. This can be especially challenging for same-sex couples, who may have acquired property and assets in unique ways.

Some factors that may impact property division in an LGBTQ+ divorce include:

  • Ownership of property prior to marriage
  • Joint ownership of property acquired during marriage
  • Contributions made by each spouse to the acquisition of property
  • Retirement accounts and investments
  • Business ownership and assets

Our team will work with you to assess your unique situation and develop a strategy that protects your interests. We are committed to providing compassionate, personalized service to each of our clients throughout the divorce process.

Navigating Child Custody in Same-Sex Divorce

When going through a same-sex divorce, one of the most important considerations is the custody of any children involved.

Here are some key factors to consider when navigating child custody in a same-sex divorce:

  • Legal standards: The court will determine custody based on the best interests of the child, regardless of the sexual orientation of the parents. However, it is important to work with an attorney who is knowledgeable about the specific laws and regulations that apply to same-sex couples in your state.
  • Co-parenting agreements: Creating a comprehensive co-parenting agreement can help establish clear guidelines and expectations for both parents. This can include visitation schedules, decision-making authority, and communication protocols.
  • Child support: Just like in any divorce, child support may be a factor in a same-sex divorce. It is crucial to ensure that the financial needs of your child are met and that any support agreements are fair and equitable.
  • Mediation and negotiation: Whenever possible, we strive to help our clients reach amicable resolutions through mediation and negotiation. This can help minimize conflict and prioritize the well-being of the children involved.

At Blood Law, we are committed to providing compassionate and personalized legal representation for same-sex couples going through a divorce. Contact our office today to schedule a consultation and protect your rights as a parent.

Commonly Asked Questions

Can divorce be more complicated for couples who were in civil unions or domestic partnerships before gay marriage was legalized?

Yes, sometimes these individuals have found that the state in which their legal proceedings took place later interpreted their partnerships as marriages. In those limited situations, same-sex divorce might be the only way out of dissolving the union.

What are some of the challenges that same-sex couples might face when going through a divorce?

They could face the same challenges heterosexual couples deal with when their marriages end: division of property and custody of minor children, determining child support payments, among others.

Do I need to consult an attorney for my same-sex divorce?

Yes, it is recommended that you consult the services of an experienced LGBT attorney as soon as possible. They can address all your questions and help you understand the law as it relates to your unique situation, whether you are in a domestic partnership or marriage.

Contact us online or call (704) 286-0570 to learn more about divorce for gay couples.

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Our Promise to Our Clients

  • Convenient Locations

    With offices in Charlotte, Waxhaw & Lake Norman, we make it easier for families across North Carolina to find quality counsel.

  • Children Come First
    With the complexities of family law, we put the well-being and safety of your children at the forefront of your case.
  • Team-Driven Environment
    When you work with Blood Law, PLLC, you work with our entire team. Everyone is here to support you through each step.
  • Honest Guidance
    We create personalized plans for each client while setting realistic expectations on the possible outcomes of the case.

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