Nowadays, same-sex marriages are rising in number; however, the divorce ratio of these marriages is comparatively less than heterosexual marriages. While the divorce rate is less, it is not null. LGBT marriages face different challenges like employment issues, family objections, etc. As a result of such situations, same-sex marriages seek divorce.
In most states of America, LGBT divorces have the same policies and laws as heterosexual marriages. If you and your partner are thinking about divorce but have doubts about the divorce process, contact an Andover divorce attorney today.
However, some points explain how an LGBT divorce is different than a heterosexual divorce.
1. Child support and alimony
In an LGBT divorce, both partners are eligible to access all the benefits related to child support and alimony, just like in heterosexual marriage. The factors that are taken into consideration are:
- Financial needs of both the partners
- Financial abilities of both spouses to raise a child
- How long did the marriage last
- Physician and mental health of both partners
- The standard of living of both partners that was established during married life should be maintained even after divorce.
- Income and educational achievements of both spouses
- History of substance abuse or addiction
- Parental responsibilities
2. Equitable distribution
As far as the marital assets are concerned, if both parties are willing to discuss and decide the distribution of all the assets, the court will not intervene. However, if both spouses fail to reach common grounds, the court will divide the property and assets among the parties. In most cases, the distribution is fair, and both partners get equal distribution.
- Marriage duration
- The mental and emotional health of both parties. Moreover, their age and whether either of the partners is spending a considerable amount on their treatments or health issues
- Living standards during a marriage should be maintained to a certain extent after divorce.
- Any will or agreement made by both parties related to the distribution of assets
- The current financial status of each partner is a point of concern at the time of property distribution.
- Debts and liabilities of both partners
While most parameters of the LGBT divorce are similar to heterosexual marriage, some legalities are different in an LGBT divorce. Some laws like adopting the other partner’s children or custodial rights of the children are slightly different in an LGBT divorce.
If you are in a same-sex marriage hiring an experienced divorce attorney would be the best for you as they will guide you throughout the process. Your lawyer will ensure that the divorce is quick, simple, and low-cost.
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