What you should know about LGBTQ+ family law

What you should know about LGBTQ+ family law

The LGBTQ+ community has, historically, faced many challenges in basic family law matters. In many ways, those issues are in the past, but they can reverberate in certain ways that can be difficult to resolve.

LGBTQ+ couples face family law issues with many uncertainties, and we at Envision Family Law want to serve as a resource. Below are answers to some of the more pressing questions that they face.

How is divorce different for LGBTQ+ couples?

The “nuts and bolts” of divorce between LGBTQ+ couples are the same as for straight couples. You will file the same paperwork, meet the same deadlines and marriage dissolution negotiations.

However, same-sex marriage is relatively recent in the grand scheme of family law. Many couples chose other routes to acquire familial rights, such as filing for domestic partnerships or selecting other options. Some decided to simply make do without. When those relationships end, many issues require detailed, compassionate legal advice.

Are there any complications that divorcing same-sex couples face?

Based on the relationship between the partners, whether it was a divorce, a domestic partnership or something else, there can be potential difficulties in such issues as:

• Asset division: In many cases, asset division will follow Washington’s community property laws. However, because marriage equality in Washington only began in 2012, many couples with established estates extended well before that time. This can make asset division complicated.
• Child support and custody: LGBTQ+ couples often face unique challenges to expand their families, establishing a parenting plan is difficult. Legally, a person who acted as a parent for much of a child’s life may face steep challenges to maintaining a relationship.

But just because there may be challenges, that does not mean there aren’t options.

What is the best way to pursue adoption?

There are many options for adoption, ranging from private to public, domestic or overseas. The exact right choice for you can only come from a detailed review of your priorities and options.

While some choices are more expensive than others, you may find that the right course for you could be far different than what you initially envisioned.

Remaining hopeful and committed

When you find yourself facing complicated family law matters of any stripe, our team of attorneys is here for you. Reach out to us to find out how we can help.