LGBTQ Divorce Attorney in Washington, D.C. Fiercely Advocating For the Legal Rights of All Members of the Community

It is never easy for any couple when they decide to end their marriage. However, legal issues can be even more complicated for transgender or gay and lesbian couples who wish to dissolve their unions or domestic partnership.

To make matters even more complicated, it seems as though the laws governing same-sex marriage and divorce are constantly changing. For this reason, if you are in a same-sex marriage with children to consider and wish to obtain a divorce, you must hire an attorney with prior experience with LGBTQ family law.

The Father’s Rights Law Firm is passionately committed to assisting individuals in sorting out the same legal issues that heterosexual couples encounter when they divorce. Contact our law office and ask to schedule a strategy session to discuss your case and evaluate your legal options.

What Are the Residency Requirements For Same-Sex-Divorce in D.C.?

The residency requirements for same-sex couples were eased in 2012, which allowed them greater latitude to obtain a divorce. Before the current law was passed, one member of a same-sex couple would be required to be a resident of the District of Columbia for at least 6 months prior to filing for a divorce.

Even so, under the current law, that same couple would be allowed to file for a divorce even if neither of them was a resident at the time. However, there are still legal requirements that must be met, which include:

•  The marriage was performed in the District of Columbia.
•  Neither spouse resides in a jurisdiction that grants same-sex divorces.

However, same-sex couples who wish to obtain a divorce in D.C. must also have been living separately and apart from one another or living in the same home as long as they are not cohabitating with their spouse for at least 6 months. However, if one spouse opposes the divorce, the two parties must be separated for at least one year.

Nevertheless, even though D.C. law makes provisions that allow individuals to live under the same roof, the two individuals should live in separate households if one of the parties opposes the divorce.

How Are Child Custody Issues Resolved in a Sex-Sex Divorce?

Many child custody issues in D.C. can be resolved in the same manner as those of heterosexual couples. However, many fathers worry about being able to be involved in their child’s life if they are the non-biological parent.

Under D.C. child custody laws, if a same-sex couple is married, both parents are deemed the legal parent of a biological child or one whose partner adopted after the marriage. In second-parent adoption cases, both parents share equal parental rights and are legally entitled to make major life decisions for the child.

However, determining visitation and custodial rights can be challenging if the couple does not wed. Even if the couple had a cohabitation agreement, it could not address child custody or support issues.

Nevertheless, an individual who is not a biological or adoptive parent could argue they acted as a de facto parent to the child, providing live-in care on a day-to-day basis for a significant period of time. If successful in winning their legal argument, the biological or adoptive parent would have to consent to the relationship.

However, just as with any divorce, the court will always make decisions based on what is in the child’s best interest. The Father’s Rights Firm recognizes that as a father, you want to be a part of your child’s life. We will work diligently on your behalf to ensure your child’s needs are met and try to obtain a favorable resolution for all parties.

How Can Divorce Mediation Help Same-Sex Couples?

In many instances, members of the LGBTQ community do not wish to take their legal issues to court; they can opt for divorce mediation. Through the process of mediation, couples can work out important issues, such as:

•  Equitable distribution of property and other marital assets
•  Alimony
•  Child support/child custody
•  Spousal support

Going through mediation allows both parties to try and work out their differences amicably and avoid even further contention with one another. This method is preferable if you have children and will still be involved in each other’s lives even after the divorce is finalized.

If you are still trying to determine if divorce mediation is the right, contact The Father’s Rights Firm to learn more.

Why Should I Choose Your Law Firm to Handle My LGBTQ Family Law Issues?

Same-sex couples face many of the same challenges as other couples if they decide to end their relationship with one another. Just as with heterosexual marriages, legal issues must be addressed before each spouse can go their separate ways.

The Father’s Rights Firm understands the unique challenges faced by members of the LGBTQ community and is passionate about serving all members of the Washington, D.C., community.

If you need help dissolving a civil union, dissolution, or annulment, our experienced attorney can provide the legal advice you need to feel confident your rights are protected.

If we agree to take your case, we will review all the issues you may face and create a custom legal strategy to help you obtain a favorable outcome. We realize this is most likely one of the most stressful situations you have ever encountered. Therefore, on this account, we strive to treat each client and their family with the care and compassion they deserve.

Contact The Father’s Rights Firm at 1-877-CUSTODY to schedule a strategy session and learn how we may be able to help you in your time of need.