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Compassionate Guidance From A Skilled Same-Sex Divorce Attorney In Wilmington

The 2015 Supreme Court decision in Obergefell v. Hodges marked a pivotal point for LGBTQ rights, legalizing same-sex marriage nationwide. This ruling brought joy to many, but it also introduced new complexities in family law. Here in Wilmington, we have seen firsthand how these intricacies can affect same-sex couples. An LGBTQ divorce often involves complicated challenges surrounding adoption, child custody and asset division. If you find yourself facing the end of your marriage in North Carolina, working with an experienced same-sex divorce attorney is vital.

At Mason, Mason, & Smith Attorneys at Law, we believe that with the right to marry comes the right to divorce with dignity. That is why we have committed to guiding Wilmington and New Hanover County couples through the process with compassion and expertise. Our team stays current with the latest LGBTQ laws and their implications for family law in North Carolina. We combine our legal knowledge with a deep understanding of the specific needs of couples. With us in your corner, you can rest assured that a dedicated team is protecting your rights and those of your children throughout your divorce journey.

How Does Same-Sex Divorce Work?

In North Carolina, the divorce process for same-sex couples follows the same laws that apply to heterosexual marriages. The state has a set of requirements for initiating the process. These include:

  • Residency: At least one spouse must have resided in North Carolina for a minimum of six months. This applies regardless of where you obtained your marriage license.
  • Separation period: You and your spouse must complete a one-year separation period before you can file for divorce.
  • Intent to separate: At the start of the separation, at least one of you must intend to end the marriage permanently.

These rules apply to all divorces in the state. However, we recognize how this journey can be more complex for same-sex couples. Our mission is to help you understand these nuances and work diligently to protect your rights and interests.

How Are Alimony Determinations Handled In A Same-Sex Divorce?

When determining alimony, North Carolina courts will seek to identify which partners are the supporting and dependent spouses. For instance, if you are the primary provider in your household, the court will assess whether you can afford to pay alimony while maintaining your standard of living.

We understand that in LGBTQ marriages, the distinction between these two roles is not always straightforward. Both partners often contribute significantly to the household’s financial well-being. In such nuanced cases, a knowledgeable North Carolina same-sex divorce lawyer can help you explore your options and protect your financial interests.

How Is Custody Decided In A Same-Sex Divorce?

When determining custody in a divorce, the court’s primary concern is the child’s best interests. For same-sex couples who both played significant roles in their child’s life, the court will evaluate the relationship between each parent and the child. They will also look into the parents’ ability to provide a stable and loving environment.

The same legal standard applies in determining custody if both your names are on the child’s birth certificate. On the other hand, if the child is biologically your partner’s child, you might need a stepparent adoption to ensure equal legal standing with your spouse.

Consult With A Trusted Same-Sex Divorce Attorney Today

Given the nuances of same-sex divorces, you need an experienced family law attorney to guide you and advocate for your rights as a parent. Do not navigate this difficult and emotional journey alone. Call our office at 910-444-3505 or email us using our online form.