Same-Sex Divorce

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.

Some states did not recognize same-sex marriage at all, so there was no such thing as same-sex divorce. These couples would, therefore, need to travel out of state to get married and divorced. Other states in which same-sex marriage had been legalized nonetheless mandated a waiting period before a divorce could be finalized.

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)

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 proceeding 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 an experienced Charlotte LGBT 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.

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

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  • "She cares about you as a friend, not just as a client. I highly recommend Anna Blood and her legal team as they are INCREDIBLE and a winning team of pros!"
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  • "Anna is an extremely trustworthy and understanding individual, which is very beneficial to any sticky family law situation you may find yourself dealing with. She is very attentive and focused on ..."
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Our Promise to Our Clients

  • Convenient Locations

    With offices in Charlotte, Waxhaw & Huntersville, 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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