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Facing the various challenges in an LGBT divorce

On Behalf of | Jul 25, 2020 | Divorce |

For LGBT couples, gaining the right to marry was a long time in coming. Members of the LGBT community in Ohio were granted this great step forward in equality in 2015. Unfortunately, like many marriages, an LGBT divorce sometimes comes about when people are unable to make a relationship work.

There are certain aspects of LGBT divorce that might cause various challenges. For example, parental rights can be a concern. Because the previous perception of marriage involved a man and a woman and child custody generally did not revolve around whether one had the right to be viewed as a parent, LGBT divorce presents a unique set of issues. Biological parentage and the non-biological person who may have functioned as a parent without legally adopting the child can lead to a dispute about custody and visitation. The sperm or egg donor might also want a role. These factors should be considered before the marriage and the birth of the child. If it was not, legal assistance may be imperative.

While LGBT marriage has been legal for less than a decade in Ohio, many relationships have been ongoing for an extended period. If there is a divorce, financial considerations could be impacted by the marriage not lasting very long even if the relationship pre-dated the wedding by many years. There may not have been time to start a joint financial portfolio with bank accounts, retirement accounts, the purchasing of a home and other integral financial aspects of a marriage. Property division can be a problem in these cases.

Finally, spouses who struggled to have their committed relationship recognized may encounter those who are against same-sex marriage even though it is legal. This could present negative reactions to the divorce and a lack of understanding. Despite the inherent concerns that surround an LGBT divorce, it’s wise to consider the entire process from a legal perspective. A law firm that has helped many same-sex couples with their legal issues may provide advice and guidance in an LGBT divorce.


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