A divorce is a difficult and emotional time regardless of the circumstances that led you to seek the dissolution of your marriage. However, for LGBTQ couples, the legal framework guiding divorce and the core issues involved can be convoluted and present challenges that may not otherwise appear in a heterosexual divorce.
You do not need to navigate this challenging period on your own. A Manhattan LGBTQ divorce lawyer can help you understand the current laws and how they apply to your case. Our seasoned divorce attorneys could guide you through every stage of your divorce proceedings—from dealing with key matters like the division of assets and spousal support, to presenting your case before the judge.
One of the most frequent questions that arise when considering LGBTQ divorce in Manhattan is whether or not grounds are required to pursue a dissolution of the marital union. Kansas is a no-fault state, which means that neither party is required to prove the fault of the other nor the circumstances that instigated the break-up to initiate divorce proceedings.
That said, it is also possible for a same-sex couple seeking divorce to file a case based on fault grounds. One common type of fault-based divorce in Manhattan is when one party asserts that the other party’s nonobservance of certain marital functions precipitated the breakdown of the union. A skilled LGBTQ lawyer in Manhattan can provide insight on what is the most appropriate path to seek dissolution of a same-sex union based on the unique facts involved.
The core issues that arise in LGBTQ divorces are not so different from those central to the dissolution of a heterosexual union; though, given the fact that same-sex marriage was only legalized in recent years, some of the divorce laws on file reflect outdated standards that may or not apply in these cases.
One of the most common issues in an LGBTQ divorce is the matter of property division. Kansas is one of many states which adhere to the equitable distribution standard, which means that the court allocates the division of assets in the way it deems most fair based on the specific details of the case; however, this does not mean the division of property is exactly the same.
If the parties share a child or children, the division of parenting time and the amount of child support assessed will also be a focal point of the divorce proceedings. Spousal support is not guaranteed in the state of Kansas but may be determined by the court based on a range of elements including the length of the marital union and financial situation of both parties. The laws governing these matters can be highly nuanced, particularly in cases involving an LGBTQ couple.
It is vital to confer with a knowledgeable Manhattan LGBTQ attorney who has experience handling these types of cases, an in-depth familiarity with the laws involved, and understands the way they apply to a couple’s unique divorce matter.
Whether or not the dissolution of your marriage is an amicable one, the break-up of a long-term relationship is not only devastating but can leave you feeling overwhelmed and unsure of the best next steps to take.
A Manhattan LGBTQ divorce lawyer can alleviate some of the burden of this challenging time by providing step-by-step legal assistance throughout these proceedings. One of our capable attorneys will work diligently on your behalf to achieve the most favorable outcome in your case. Call today to set up a meeting with an experienced legal professional at our firm.
