Montgomery County Same-Sex Divorce Lawyer
The conclusion of a committed relationship can be difficult no matter the circumstances. For that reason, most same-sex couples face the same hardships during a divorce as heterosexual couples. The good news is that a Montgomery County same-sex divorce lawyer could provide guidance on anything from child custody issues to property disputes.
If you are facing the prospect of same-sex divorce, do you not put your rights in jeopardy by serving as your own attorney. A hard-working family law attorney could help you avoid difficult conflict or costly delays during an already stressful time.
Child Custody Issues During Same-Sex Divorce
Child custody issues are often at the forefront of a divorce. These issues can be particularly complex when it involves a same-sex couple. While federal law has advanced marriage equality, state law regarding child custody or visitation vary greatly.
Chief among the challenges involving custody issues is the outdated language of state statutes. The law in Montgomery County is clearer than in other jurisdictions. There is a presumption that the birth mother’s spouse at the time a child is born is the legal parent of a child. However, a legal presumption is not a guaranteed right. In some cases, evidence could rebut that presumption, but only if it is in the best interest of the child.
A Montgomery County divorce lawyer could counsel same-sex parents on how the law might shape their parental rights. Whether or not the non-birth parent adopted the child may not matter if the non-birth parent can be qualified as a de-facto parent.
Distributing Marital Property
When it comes to distributing marital property, same-sex marriages are largely treated the same as heterosexual marriages. The courts in Montgomery County rely on a legal theory known as equitable distribution when determining how marital property is split. This is true both for same-sex and heterosexual couples.
The first step in the process of distributing marital property involves classifying each type of property held by the couple. According to state law, property could be either marital or separate, i.e. non-marital. Marital property covers most assets that are obtained during the course of the marriage by either party. Separate property involves assets that were either obtained prior to the marriage or are by agreement between the parties are not classified as marital property, or gifts from a third party to one of the spouses individually. Examples include inheritance or personal injury settlement proceeds. Typically, the court will order an equitable division of marital property while each party will retain their own separate property. It is also possible to “transmute” separate property into marital property if it has become commingled with other marital assets.
When it comes time for the court to distribute marital property, the court is bound by the requirement to do so in an equitable way. A divorce lawyer in Montgomery County could provide helpful guidance to a same-sex couple on what to expect from the property division process.
Contact a Montgomery County Same-Sex Divorce Attorney Right Away
Whether you intend to initiate a divorce or have been served with papers, your best chance at a fair outcome relies on the guidance of a seasoned attorney. Your lawyer could help you ensure you are treated fairly by the courts during every phase of the divorce case.
Do not leave the outcome of your divorce to chance. Contact a Montgomery County same-sex divorce lawyer today.
