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Gay Divorce

Gay Divorce

Gay divorce arrangements entail a review of the unique arrangements, and promises and reliances of the couple so that both parties are able to move on and begin again while neither is left unjustly enriched to the detriment of the other. This does not mean that same sex marriages are immune to protracted and heated gay divorce battles. We know from experience that some circumstances just cannot be resolved without a fight. In such cases, it will be necessary to have a lawyer to look out for your best interest.
Each state has different laws for gay divorce.

Lesbians and gay men who face gay divorce have many of the same problems as heterosexual divorcing couples. Gay divorce often includes dividing property, providing for custody and visitation, and even arranging to share the family pet - all without the guidance that heterosexual couples expect from divorce statutes and family courts. 

In a gay divorce, all the family assets need to be analyzed and divided equitably. This does not mean that the court will simply award each party half of your property. Instead the court will hear both sides and come up with a fair plan based on each spouse's debt load, income, custodial status, disabilities and other factors.

A qualified gay divorce lawyer will strive to make sure the outcome reflects your family's real situation.  A qualified gay divorce lawyer can also help you make adjustments to your will, and negotiate child support and maintenance where appropriate.

One of the most emotional aspects of any gay divorce is arranging for the custody of the children. The court awards custody based on the best interest of the child. For most families joint custody is preferred. This keeps both partners involved in and responsible for the care of their children. A qualified gay divorce lawyer will help you arrange mediation, negotiate visitation and guardianship, and help your family come to the best arrangement possible for the future of your children.

If one partner is chosen as the custodial parent, it doesn't necessarily mean that the other partner is an unfit parent. The decision may be based on the financial resources or other mitigating circumstances of the parties involved. In this case, the court will require the non-custodial parent to pay child support. If you and your spouse cannot agree on custody, the law requires that you go to mediation to work out an arrangement. If an agreement can't be reached, the decision will rest with the judge.

If you have been in a serious, committed relationship that has come to an end, it's likely that you and your partner will have to divide property and/or arrange to meet the needs of children.

Click here to Contact a lawyer in your local area about gay lesbian divorce, mediation.


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