LGBTQ Divorce

Posted by Chell in Divorce

As many LGBTQ couples finally won the right to marry in the landmark Supreme Court case Obergefell v. Hodges, these couples also won the right to divorce. In many ways, LGBTQ divorce is quite similar to divorce between heterosexual couples. However, there are a few differences and complications LGBTQ couples looking to divorce may encounter. 

Read more about them down below.

What’s the Same

Of course, there are several aspects of LGBTQ divorce proceedings that are the exact same as heterosexual divorces. Here are some of the common issues that may pop up during any divorce. 

 

• Child Custody: Figuring out who gains custody of the children born between a couple is one of the most contentious and emotional aspects of a divorce. Oftentimes this will be the aspect of the divorce proceedings that take the longest, as both parents have an emotional investment in the well-being of their children.

 

• Child Support: Related to child custody disputes, another big aspect of divorce proceedings is the determination of child support. The spouse who does not receive custody of the children will likely be ordered to pay child support to the custodial parent, at least until the children turn 18 years of age. 

• Alimony: Another aspect of divorce couples may see is alimony, which you may have heard referred to as spousal support. Alimony is the legal obligation one spouse may have to financially support the other spouse following the divorce. The conditions surrounding alimony can change if the financial circumstances of the spouse receiving the alimony change, however.

• Division of Property: Married couples often share property and assets and must figure out a way to split them up following a divorce. This can be difficult, especially when couples both own something and one must give something up. 

 

 

What’s Different

 

• The Dating: When a judge is determining how to reward alimony or divide up property or assets, they often look to see how long the marriage lasted. However, with LGBTQ couples, this becomes a bit unclear. Many LGBTQ+ couples have been together and shared property long before the 2015 Obergefell ruling. Do judges consider the relationship beginning in 2015 or when the couple first got together? In some areas, the courts will consider the years cohabiting and in others, they will consider the years legally married.

 

• Child Custody: Another thing complicating LGBT divorces are child custody battles. Sometimes if a child is adopted or biologically only related to one of the parents, only one of the parents will have legal rights over the child. The child without that legal standing can find it difficult to maintain a relationship with the child following the divorce. 

If you’re in an LGBTQ relationship and are anticipating a divorce in your future, you should reach out to a divorce attorney as soon as possible to learn about how your divorce may differ from heterosexual couples.

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Why More Lawyers Are Better Than One

Posted by Chell in Divorce

There’s a lot of comfort in going to a single lawyer with his own small practice when seeking a divorce. “This feels pretty comfy,” you might think, and that’s just what you’re looking for when your house is in disorder. You want comfy, and here’s the small office of your local lawyer, and he or she seems nice, and isn’t that all you need anyway?

When it comes to divorce, that’s a definitive “no.” What you need is the best lawyer, not the one with the comfiest office (although that’s a great bonus if you find it with a great lawyer attached as well).

In fact, when you’re pursuing a divorce, and particularly when you’re worried it will be nasty, what you really need is not one lawyer that you like but a big law firm.

Some people are reticent to go to big law firms for some reason. They worry they’ll get lost and their case forgotten, that they’ll call for information and never talk to a real person with a real update.

That can be the case at some big firms, and you should be careful about which firm you choose for that reason, but a firm is exactly what you need.

Why? Why go with a law firm with multiple lawyers instead of that single small office lawyer you liked?

There are a lot of answers to those questions. First, having multiple lawyers is a sign of success. You want your divorce lawyer to give you the best legal assistance, right? Well, then you want a divorce lawyer that is connected to a firm that has proven over and over they know how to win for their clients.

You also want a law firm with the resources to handle your case. Divorce is complex, and your lawyer may need to use a great deal of knowledge and skills to get you the best outcome. Can that single lawyer pull that off? Maybe, but you have to hope in a way you don’t with a bigger firm.

Perhaps the best reason, though, is that a law firm with multiple lawyers can rely on the experience and expertise of multiple lawyers. A law firm with several lawyers can give your case to the lawyer that knows best how to work with the specifics of your case. You don’t have to wonder if your lawyer knows how to handle a complex custody case; at a firm with several lawyers, you’ll know your lawyer is an expert in that area.

Just look at the breadth of issues a law firm like Kessler & Solomiany, LLC can handle, and then compare that to what you see on that individual lawyer’s site. A bigger law firm can use its team to give you the best outcome, while that single lawyer can only rely on what he or she knows and their individual experience.

When you look at it like that, the choice should be obvious. Just ask your lawyer from your bigger firm to meet you in a more comfy location than their office.

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Determining Child Support and Custody: Factors Considered by Courts

Posted by Chell in Child Custody, Divorce

Two essential issues divorcing parents need to settle are: who will take custody of the child and how much child support will the non-custodial parent pay. Child custody or full guardianship of the child is a decision that the court awards to the more qualified parent; its directive is never to compromise the well-being of the child. Whoever is designated as the custodial parent, whether the father or the mother, he or she will have to take responsibility and decide on the child’s education, medical care and other developmental needs.

There are occasions when the court assigns custody of the child to both parents, instead of just one, to make sure that the child enjoys their continuous participation. In any case, the court has four types of child custody to choose from, these are:

Legal custody: gives the custodial parent the right to decide for the child’s welfare. If the court awards legal custody to both parents (called joint legal custody), though, then both custodial and non-custodial parents will be responsible over the child and will have the right to decide for the child’s welfare.

Sole custody: which becomes the court’s option, but only if the judge sees one parent as unfit to continue caring for his / her child. Being unfit may be due to alcoholism, drug dependency, child abuse, mental incapacity or because of an unsuitable new partner.

Physical custody: allows the custodial parent and the child to live in the same house. The court may decide for joint physical custody, though, if both parents happen to live near each other and both still continue to spend equal time with the child.

Joint custody: which may refer to joint physical custody, joint legal custody or joint legal and physical custody.

In determining the rightful child custodian, the court usually considers the following factors:

• The parents’ capability to address the needs of the child, physical limitations, work schedules, emotional state and capacity to understand the child’s needs
• The relationship between child and parents
• The parents’ financial stability
• The quantity and quality of time the parents have spent with the child before separation

Child support, on the other hand, is payment given by the non-custodial parent (also known as obligor) for the child’s food, clothing, shelter, education, dental and medical needs. Support is required by law until the child’s 18th year and may include vacations, camps, advance studies and other activities deemed necessary by the court. One important factor considered by the court when deciding the amount of support is the obligors financial stability and capability.

In all matters, it is the child’s well being that the court will prioritize. An article found on the website of Marshall & Taylor, P.C. says it most clearly: “When parents of minor children divorce, the top priority of the courts and all interested parties is protecting the children’s best interests.” The website of BB Law Group PLLC likewise reiterates the same message in its discussion about child support. It states that though the court takes into account the obligor’s financial situation and needs, it is the child’s benefit that will be considered most. And being a legal mandate, failure to pay the support on a timely basis or, much more, refusal to pay it, will result to penalties, a jail term or, in some states, suspension of the obligor’s driver’s license.

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