The status of legal parent can be a bit uncertain in same-sex relationships but according to the law, you are a legal parent if you are the child’s biological parent or have legally adopted the child. As a parent, you will want to remain a part of your child’s life in any way that you can, but if you are not a legal parent you may not have any rights to assure you receive custody or visitation. One of the hardest parts of divorce is settling disputes over how children will be cared for. Issues that may arise with child custody and child support
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While you may have depended on your same-sex spouse for two decades, the length of time that the judge considers might only be the last four years.
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With same-sex marriages, the years prior to the marriage do not count towards the judge’s determination of spousal support. Typically, the longer the marriage, the more likely the lower-earning spouse will receive support. The legal start date of your marriage also presents issues when determining alimony. This certainly may produce unfair results for couples who are not able to resolve their divorce amicably. In this case, you would possibly have to pursue a petition to partition. For instance, say your house is titled in both names prior to marriage. It is important to note that certain assets purchased prior to the date of marriage may be titled jointly and other avenues in the law may need to be utilized to separate that property if the matter cannot be resolved in the context of the divorce. According to the law, this property would be considered separate property, meaning it will not be equitably split and you might be left at a disadvantage. For example, let’s say you and your same-sex partner of twenty years married as soon as you could in 2014, but the home, car, and furniture were all purchased by your spouse alone during your cohabitation but before your marriage. However, there are complications for same-sex couples because marital property only includes property acquired since the date the spouses were legally married. This is important because North Carolina is an equitable distribution state, meaning marital property is divided equitably in a divorce between same-sex spouses, just as with an opposite-sex couple. However, North Carolina does not recognize common law marriage, meaning a family court in North Carolina considers only the date of a legal marriage, regardless of how long a couple lived together beforehand. The right to same-sex marriage is still relatively new in North Carolina, yet many couples have cohabited and functioned in marriage-like relationships for far longer than they have been in a legal union on paper. We have outlined these distinctions in detail below to help you navigate the already tumultuous divorce process without added stress or confusion.
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There are unique challenges for same-sex couples regarding property distribution, spousal support, child custody and child support that opposite-sex couples do not experience during divorce proceedings and transgender and non-binary individuals may also be unfairly treated in custody disputes. While the marriage equality movement emphasized the historic victory that was same-sex marriage, the reality is that same-sex couples face the same marital challenges and stressors as opposite-sex couples, and with the passing of gay marriage comes the right to gay divorce.ĭivorce can be a time of emotional pain, stress, and uncertainty for anyone, but there are additional challenges that solely affect same-sex couples and transgender individuals which further complicate the process. The landmark decision in Obergefell just one year later solidified the right of same-sex couples and transgender individuals to get married in all 50 states. In 2014, same-sex couples in North Carolina won the right to marry in the case of General Synod of the United Church of Christ v. The right to same-sex marriage – and divorce