The Supreme Court decision Obergefell v. Hodges granted same-sex couples the right to marry nationwide, equalizing divorces across the country, including Ohio divorce law.
However, LGBTQ divorces still present unique challenges that heterosexual couples may not face, such as issues related to child parentage, custody, and the legal recognition of long-term relationships.
Gavvl Law, LLC is here to ease your concerns and guide you through every step of your divorce. We connect you with local divorce attorneys who understand the complexities of LGBTQ divorce and provide personalized services that address your unique needs and circumstances.
Same-sex couples can expect to face a similar process when filing for divorce as heterosexual couples since all couples in Ohio have equal marriage rights. However, there could be additional hurdles due to the legal history and evolving recognition of same-sex marriage.
Initiating a divorce involves several key steps, and being aware of local nuances can ensure a fair and just divorce outcome. These complexities may be due to legal nuances and evolving state laws for certain aspects of your divorce case.
One of the first steps in your LGBTQ divorce is ensuring that the court will recognize your marriage legally.
Same-sex marriage has been legal nationwide since 2015, but many LGBTQ couples were together long before they could legally marry. This history can complicate the divorce process. Establishing the legal duration of your marriage is crucial to your case. It affects everything from property division to spousal support.
If you and your partner were together for years before legally marrying, it is essential to work with an attorney who understands how to advocate for recognizing your relationship’s total duration.
In heterosexual marriages, paternity is typically presumed. In same-sex marriages, one parent may not be biologically related to the child, which can complicate custody and visitation decisions.
This is an especially pressing concern for LGBTQ couples who had children through assisted reproductive technologies or brought children into the marriage from prior relationships.
Under Ohio law, all parents, regardless of gender or sexual orientation, have equal rights and responsibilities concerning their children.
For non-biological parents, establishing parentage is crucial to securing custody and visitation rights. This can be done through second-parent adoption, surrogacy contracts, or pre-birth agreements.
Property division in an LGBTQ divorce can present unique hiccups, particularly when it comes to recognizing the complete history of your relationship.
If you and your partner were together long before 2015, when same-sex marriage was legalized, this timeline could complicate the process of determining what is considered marital property.
Establishing the equitable distribution of assets often requires an attorney who understands the nuances of LGBTQ relationships.
Whether you shared assets for years before marriage or have unique property arrangements, it’s crucial to work with a lawyer who can ensure that your contributions are fully recognized and divided.
While the divorce process is the same for both opposite- and same-sex couples in Ohio, several unique factors in LGBTQ divorce cases may not be as prominent in heterosexual divorce cases.
Domestic partnerships and civil unions are legal relationships between people who live together but are not married. Each has a different legal status and recognition in the courts but still must be legally dissolved.
Specific legal considerations apply if you and your partner were in a domestic partnership or civil union before same-sex marriage was legalized. The legal recognition of these unions can vary, impacting everything from property division to spousal support.
Working with a knowledgeable LGBTQ divorce attorney who understands the intricacies of domestic partnerships and civil unions is crucial so your rights are upheld and the partnership is appropriately accounted for in the divorce proceedings.
If you or your spouse adopted children or became a stepparent through your marriage, the legal relationship with your children must be navigated to protect your parental rights.
This can involve complex legal procedures, especially if one parent is not biologically related to the child. Understanding adoption and stepparent rights is vital during an LGBTQ divorce.
Same-sex marriage has been legal for some time now, but discrimination and bias still arise during divorce proceedings.
At Gavvl, we’re committed to addressing and combating discrimination or prejudice you may face, whether from opposing parties, within the legal system, or elsewhere. Our network of LGBTQ-friendly family attorneys provides a supportive and equitable environment. They advocate for your rights and ensure you’re treated with the respect you deserve.
Ready to move forward with your life?
The first step is to schedule a consultation with our team at Gavvl. This meeting will help us understand your concerns and develop a clear plan to move forward. We’re here to support you. Gavvl serves clients across Ohio, including in Columbus, Cincinnati, and Cleveland.
Or call us at 513-717-3083
Ohio does not recognize civil unions or same-sex marriages that take place in other states or countries. However, if you were in a civil union entered into another state, you may still be able to dissolve it in Ohio. It’s best to consult with an attorney to understand your specific situation.
Ohio uses the same child custody factors for all couples, regardless of sexual orientation.
These factors include the child’s best interests, the parent’s wishes, the child’s relationship with each parent, the child’s adjustment to home and school, and each parent’s ability to care for the child. An attorney experienced in LGBTQ family law can help you navigate the custody process and advocate for your rights.
No. Ohio law prohibits discrimination based on sexual orientation in child custody decisions. However, implicit bias may still exist. An attorney can help ensure your case is presented fairly and emphasizes your qualifications as a parent.
The process for changing the name on a child’s birth certificate can vary depending on the specific circumstances of your case. You must file a petition with the court and provide documentation to support the name change. An attorney can guide you through this process and ensure all legal requirements are met.
Ohio follows equitable distribution for property division, meaning assets and debts are divided fairly but not equally. This applies to all divorces, including same-sex couples. A divorce attorney can help you understand your rights regarding marital property and ensure a fair division of assets.
Gavvl simplifies the divorce process by starting with a phone call or online questionnaire. After a 30-minute consultation with a managing attorney to discuss your needs, we assign a qualified local lawyer based on your requirements, location, and urgency, ensuring you receive the support within two business days.
You’ll have 24/7 access to your case, convenient communication with your lawyer, and the option to pay only for the services you need, making for a streamlined and stress-free divorce process.
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We’re here to support you through every step of your family legal matter. The best way to move on in Ohio – Get Gavvl.
Or give us a call at 513-717-3083
