Washington DC Same-Sex Divorce Lawyer

In Washington, D.C., same-sex couples have the same right to marry as heterosexual couples. With this right comes the ability to obtain a divorce as well. While the law generally treats all divorces the same, a seasoned divorce attorney could assist with any unique challenges that arise with the dissolution of a same-sex marriage.

If you are considering a divorce, you do not have to face this difficult process alone. The right legal team could provide peace of mind and ensure that your rights are protected during every step of the process. Rely on a Washington, D.C. same-sex divorce lawyer to advocate on your behalf during the divorce process.

The Grounds for a Divorce in a Same-Sex Marriage

Unlike some jurisdictions, Washington, D.C. takes a no-fault approach to the divorce process. This means that the spouses in a same-sex marriage do not have to make the case that the other spouse is responsible for the marriage’s failure. Instead, a spouse that files for divorce must do so on one of two grounds.

The first option involves two spouses that mutually agree to live separately and apart for at least six months prior to filing for divorce. This must occur consecutively and without cohabitation.

Divorce is still a possibility in cases where one of the spouses involved did not agree to voluntarily live separate and apart prior to the divorce. In these cases, a divorce can occur if the spouses live apart for more than one year—even if one spouse disagrees with the separation.

Under both types of divorce, the parties must live separately for a minimum amount of time. For that reason, the law sets out specifically what qualifies as separate and apart. Specifically, living apart can be difficult for families that lack the income to maintain two separate homes. For that reason, courts have the option to allow a divorce to proceed if two spouses continue to cohabitate if they can establish they do not share a bed or meals. A same-sex divorce lawyer in Washington, D.C., could advise when this exception might apply.

Dividing Property in a Same-Sex Divorce

The same rules for property division apply to same-sex and heterosexual marriages alike. The District of Columbia requires that the division of marital property be equitable. While that means the process should be fair, it does not guarantee that the court will divide this property equally among both parties. A same-sex divorce lawyer in Washington, D.C., could provide helpful insight into how property division is typically handled in D.C. courts.

There are a number of factors the courts will take into account when determining what is fair. The courts will typically start with the income and debt of both parties before considering their occupations, health, and employability. D.C. courts will also take into account other obligations like those from a previous marriage. What’s more, the courts will also consider any contributions one spouse made to the career of another during the course of a marriage.

Discuss Your Options with a Washington DC Same-Sex Divorce Attorney

While divorce is rarely easy, the right attorney can remove some of the stress and strain that comes with the process. In many cases, same-sex couples can resolve their differences and bring a marriage to a close amicably.

If you are ready to discuss your options, a Washington, D.C. same-sex divorce lawyer is here to help. Call now for a confidential consultation.