Charlotte Same-Sex Divorce Attorneys

Serving Residents in Waxhaw & Surrounding Areas

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 marriedand 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, 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 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 schedule an initial consultation.