Woodbury Same Sex Divorce Lawyer

Same Sex Divorce Attorney in Woodbury, TN

Divorce for same sex couples follows the same legal framework as any other divorce, but can involve unique considerations depending on your marriage. For example, questions about parental rights, custody, and spousal support often require a nuanced agreement rather than a standard solution. A Woodbury same sex divorce lawyer can help you work towards agreeable divorce terms that reflect the specific circumstances of your marriage.

Why Work With Us?

At Boss Law, we understand that the standard divorce agreements don’t work for every couple. For over two decades, our attorneys have helped same sex couples find mutually agreeable divorce terms, settling topics such as property division, child custody, spousal support, and more. At Boss Law, we can explain the same sex divorce laws and procedures that apply to your case, so you feel confident and respected throughout the divorce process.

An Overview of Same Sex Divorce in Woodbury

It is important to understand that LGBTQ couples have the same legal rights when it comes to both marriage and divorce. In 2023, there were 11.4k households headed by same sex marriages in Tennessee, some of which will also be left to navigate the divorce process as a same-sex couple. 

Just because you have the same legal rights and follow a similar legal process as any other couple doesn’t mean you won’t face specific legal challenges. If you hire a same sex divorce lawyer, they can help you and your spouse work towards a divorce agreement that protects your goals and interests.

Financial Decisions During a Same Sex Divorce

Financial decisions are a major category of decisions made during a divorce. This includes, for example, property division and spousal support. How these decisions are made can have a lasting impact on your ability to move forward after a divorce without experiencing unfair financial losses. When making financial decisions, you must analyze factors such as:

• The value of your marital assets, such as the marital home, financial accounts, and investments
• The income of both spouses
• The earning potential of both spouses
• Personal preferences and emotional ties to certain property

Financial decisions are even more significant for married couples compared to those of unmarried couples. Married same-sex couples’ median household income is 18% higher than that of unmarried couples.

Considerations for Same Sex Parents During Divorce

If you and your spouse have children, determining a child custody arrangement and child support plan is extremely important. About 2.57 million LGBTQ adults are parenting children under 18.

However, child custody is often an area where same sex parents face legal challenges. If both parents are legally listed as the child’s parents, such as if both parents legally adopted the child, child custody will move forward as it would for most heterosexual couples. However, some same sex couples raise a child where only one spouse is the legal or biological parent. In these situations, you must establish your relationship and constituent involvement in your child’s life.

Once it is determined whether both spouses have parental rights, you can work to determine a child custody arrangement that works for your family. The two elements of these arrangements are:

• Physical custody. Physical custody is where the child lives and receives day-to-day care. In cases where custody is not split equally, the non-custodial parent may also have visitation rights in order to maintain a relationship with the child.
• Legal custody. Legal custody involves which parent has the ability to make important decisions for the child. This includes choices about education, religious activities, healthcare, and extracurricular activities.

Why You Should Hire a Same Sex Divorce Lawyer

Working with a Woodbury same sex divorce attorney can help you and your spouse achieve personalized divorce agreements that work for your situation. No matter what unique concerns you have for an LGBTQ divorce, such as over parental rights or fair property division, a lawyer can explain the various options available to you under Tennessee’s same sex divorce laws, so you can make an informed choice about your divorce.

FAQs

How Does Same Sex Divorce Work?

Same sex divorce in Tennessee works similarly to any other divorce. You can file divorce papers with the Cannon County Courthouse at 200 W Main St. to begin the process. Then, once your spouse responds, you can settle divorce terms or go to court to pursue litigation over key issues of the divorce. A Woodbury same sex divorce lawyer can walk you through the requirements and help you navigate specific challenges that may arise for same sex couples.

What Are the Legal Protections for Same Sex Couples in a Divorce?

Many laws and court decisions protect same sex couples’ rights during a divorce. This includes the U.S. Supreme Court Decision Obergefell v. Hodges. Same sex couples have equal rights to equitable distribution of property, spousal support, and child custody determinations based on the child’s best interests. Courts are required to use gender-neutral standards, but it can still be a good idea to hire a same sex divorce lawyer to protect your rights.

Can Same Sex Divorce Be Settled Outside of Court?

Yes, same sex divorce cases can be resolved without going to court. Most cases are settled outside of court, which is preferred by many couples. Settling allows spouses to retain more control over key terms of the divorce, finding more flexible solutions that work for them. However, if you are unable to come to an agreement or if a spouse is unwilling to negotiate, going to court may be necessary.

Does It Matter When You Were Legally Married During a Same Sex Divorce Case?

Yes, the legal marriage date can matter in same sex divorce cases. Courts use the marriage date when determining things such as when assets were acquired or the length of the marriage, influencing property division and spousal support decisions. However, many same sex couples were in long-term relationships before legal marriage was recognized. Judges may take this into account when evaluating your case to determine equitable terms.

Speak With a Woodbury Same Sex Divorce Attorney

At Boss Law, we have helped countless same sex couples in Woodbury navigate the divorce process with confidence, setting them up with plans that support their growth and financial health after a divorce. Contact us to schedule a free case consultation.