Unique Challenges of LGBTQ Divorce: What You Need to Know

Divorce is often challenging, but LGBTQ divorces can be more complicated due to differing state laws, issues with child custody, and property division.

The emotional stress of divorce can be compounded by the discrimination and biases that sometimes influence the legal process. If you’re going through an LGBTQ divorce, you most certainly need an experienced and compassionate LGBTQ divorce attorney by your side. 

At Rundberg Law, LLC, I understand the unique challenges faced by LGBTQ couples going through a divorce and I’m here to support you. I offer legal representation in Overland Park and Johnson County, Kansas, and in Missouri. 

Child Custody and Parental Rights 

One of the most challenging aspects of LGBTQ divorce can be child custody. Legal parenthood isn't always straightforward in LGBTQ families, particularly when only one partner is the biological parent or if parental rights were never formally established.  

This situation can lead to emotionally charged disputes over custody and visitation rights. I can help clarify these issues, work toward a fair arrangement, and make sure these vital decisions are made in the best interest of the children involved. 

Division of Property 

In LGBTQ divorces, dividing property equitably can be difficult due to the complications of marital and non-marital assets. If your state does not recognize the relationship's legal status, this may affect how property is classified and divided.  

Assets acquired during the relationship may be considered individually owned if the marriage isn't legally recognized, complicating matters further. As an experienced LGBTQ divorce attorney, I will strive for a fair division of property. 

Spousal Support 

Determining spousal support or alimony in LGBTQ divorces can also be tricky. Factors like the length of the relationship—particularly where partners began living together long before they could legally marry—may affect decisions.  

You also need to consider the income disparity between partners, as well as any sacrifices made by one partner to support the other's career or education. Financial support in an LGBTQ divorce should match the real dynamics of the partnership. 

Legal Considerations in Kansas 

In Kansas, the legal framework for marriage and divorce is based on state laws that may not fully accommodate the unique circumstances of LGBTQ couples. Some factors that can influence the divorce process include: 

• Recognition of same-sex marriage: While same-sex marriage is legally recognized nationwide, challenges may still arise in terms of how relationships initiated before legalization are perceived. Couples should make sure all marriage documents are to avoid complications. 

• Parentage laws: Kansas may not automatically recognize non-biological parents in same-sex relationships. It is necessary to explore options such as second-parent adoption to solidify legal parental rights, which can be critical in custody disputes. 

• Domestic partnership agreements: For couples who lived together prior to the legalization of same-sex marriage, domestic partnership agreements can be critical. These documents may specify ownership of shared property or financial agreements that could impact the division of assets during a divorce. 

• Equitable distribution of assets: Kansas is an equitable distribution state, meaning property is divided fairly but not necessarily equally. Understanding this framework is vital for LGBTQ couples so that both parties receive a fair share of marital property as recognized by the law. 

• Spousal support considerations: Factors such as income disparity, contributions as a homemaker, or sacrifices made for a partner's career will influence spousal support determinations.  

Legal Considerations in Missouri 

Dealing with Missouri laws for LGBTQ divorces comes with several issues that need to be addressed for a fair and equal outcome. Some of these primary issues include:

• Recognition of same-sex marriage: Missouri legally recognizes same-sex marriages due to federal law; however, couples should be prepared for potential legal roadblocks, especially for marriages preceding 2015. 

• Child custody and parentage: Missouri courts may face challenges in custody disputes involving non-biological parents in same-sex partnerships. Considering legal options such as adoption can strengthen a non-biological parent's rights. 

• Property division: Missouri follows the principle of equitable distribution, but same-sex couples may face unique challenges if their relationship began before marriage equality. Documenting asset ownership is crucial. 

• Spousal support: The court evaluates several factors, including the duration of cohabitation before marriage and financial sacrifices made by either partner, emphasizing a balanced approach. 

• Domestic partnership agreements: These agreements can protect the interests of those who cohabited before marriage legalization, outlining ownership and financial responsibilities, thus simplifying asset division during divorce. 

LGBTQ Attorney Serving Overland Park, Kansas 

At Rundberg Law, LLC, I will stand by you every step of the way. I’m prepared to go to trial, if necessary, and strive to uphold your rights and make your voice heard. My clients trust my passionate advocacy and know I’m committed to fighting for them. Call me for LGBTQ divorce assistance in Overland Park and Johnson County, Kansas, and in Missouri.