When same sex couples divorce, they need an attorney they feel safe and comfortable with legal representation that is sometimes difficult to find. The attorneys at Probst Law Offices support the LGBTQ+ community and will fight for the best outcome for their families in a Wisconsin divorce.
Generally speaking, a same sex and opposite sex divorce are treated much the same, However, there are a few specific differences that may apply to same sex couples worth exploring.
Property Division in Same Sex Divorce
Prior to April 1, 2018, many LGBTQ+ couples entered into domestic partnerships to protect their rights and take advantage of benefits married couples enjoyed. When same sex marriage was legalized, many domestic partnerships were converted to marriages. In a same sex divorce, marital property division is determined by the dates of the marriage, whereas same sex couples may include property dating back to their entry into a domestic partnership.
Same Sex Divorce and Alimony
With regard to spousal support, or alimony as it is more commonly known, the length of the marriage determines the award. However, the court may have some discretion in cases where a relationship preceded the marriage in both opposite and same sex marriages, especially in light of the fact that marriage was not always legal for same sex couples who often were parties to a domestic partnership instead. Working with an experienced attorney to represent you is key under these circumstances.
Children in a Same Sex Divorce
Same sex couples often have children. If a child was adopted by a same sex or opposite sex married couple, both parents have equal rights in a divorce. If artificial insemination was employed during the marriage, the spouse is still considered the parent if the other is artificially inseminated, but legal proof may be required of the spouse’s consent. Same sex married couples are automatically considered the parents of children conceived during the marriage using a surrogate or in vitro fertilization (IVF).
Where same sex parents run into problems with custody in a divorce include circumstances where a child was born before the passage of Wisosonsins same sax marriage law or the non-biological parent has not legally adopted a child born before the marriage.
Contact a Wisconsin Same Sex Divorce Lawyer for Help
When you have questions regarding same sex divorce, contact Probst Law Offices for more information regarding Wisconsin property division, child custody and support, spousal maintenance or other family law matters at 414-210-3135.