The divorce process for LGBT couples can be a protracted, expensive, complex legal nightmare. Prior to the United States Supreme Court decision to recognize same-sex marriage as a constitutional right in all 50 states, many LGBT couples married outside their home states. Many chose to travel to other states or countries where same-sex marriage was legal and return to reside in states that did not legally recognize same-sex unions. As a result, many gay and lesbian couples have not been able to pursue legal divorce in their state of residence, causing complex legal problems since gay marriage has been made legal in all 50 states.
Children Of Divorcing LGBT Couples
The complexity and depth of confusion that exists in an LGBT divorce is further augmented when there are children in the mix, particularly children born or adopted during the marriage. The ensuing battle for child custody can be uniquely difficult. Due to the absence of procreative capability in most LGBT couples, adoptions and alternative methods of conception, such as in vitro fertilization, are common. Despite the fairly recent passing of federal legislation allowing LGBT couples to be legally married, many have been cohabitating and raising children together for years, creating unique questions of parentage and child custody. If your name is on a child’s birth certificate, adoption papers or other legal documents, you may be able to pursue child custody and visitation rights. If not, there may still be a case to be made for your continued involvement in the life of your child and decisions about their well-being.
How To Approach Your LGBT Divorce
If you are seeking a divorce, your case will require the help of highly knowledgeable, experienced LGBT divorce lawyers. At Gossman Law Firm, LLC, we are prepared to roll up our sleeves and help you get the best result possible while treating your case with sensitivity and compassion. Call 205-498-7455 to get a hold of one of our LGBT divorce attorneys in Birmingham or set up a complimentary consultation today.