Beaufort LGBTQ Divorce Lawyer

Since 2014, federal law has ensured the right for same-sex couples to marry. That said, many marriages of all types could end in divorce. While the right to marry is guaranteed, there can be unique challenges for same-sex couples if the relationship comes to an end. A dedicated divorce attorney at Schiller & Hamilton could help a couple navigate those challenges.

If you are facing the dissolution of an LGTBQ marriage, it could be in your best interest to speak to legal counsel. Ensuring that you meet all of the requirements for a separation could save you time and money. Before you attempt to handle the legal aspects of your case alone, discuss your options with a Beaufort LGBTQ divorce lawyer.

Unique Aspects of Ending an LGBTQ Marriage

Until not that long ago, it was impossible for same-sex couples to divorce in the area. State law prevented not only same-sex marriage, but also barred courts from dissolving valid marriages from other states as well. This was problematic for couples who moved from another state where same-sex marriage was legal.

Now, the right to marry and divorce is rightfully extended to all couples. While this removes many of the complications facing same-sex separation, there are some issues that are commonly at issue. LGBTQ couples are more likely to face complex issues regarding child custody or egg fertilization disputes.

In many cases, these disputes will depend on whether one non-biological parent formally adopted a minor child of their spouse. A compassionate LGBTQ divorce attorney serving Beaufort could help navigate these difficult circumstances.

Requirements for Filing a Beaufort LGBTQ Separation

The requirements for filing for divorce in Beaufort are the same for heterosexual couples and LGBTQ couples alike, as a diligent attorney could explain. Before any spouse may file a petition to end a marriage, they must reside within the state for a minimum of one year. Either spouse can file so long as they meet the residency requirement. However, this deadline is shorted substantially if both spouses like in the state. In that situation, a plaintiff need only wait three months to file.

There are also rules regarding where the divorce may be filed. If the plaintiff is no longer a resident of the state and their spouse still lives there, the plaintiff must file in the defendant’s home county. Otherwise, the plaintiff may file in the county where they live or the county where the couple last lived together.

Property Division in an LGBTQ Divorce

One of the most challenging aspects of a separation can be property division. The rules for property division are the same for heterosexual and LGBTQ couples. The process might be uniform, but it is also complex. A Beaufort attorney could advise on how best to approach property division in an LGBTQ separation.

Before the property can be divided, both sides need to file a financial disclosure. Once all assets are disclosed, the judge determines how to equitably divide those assets. An equitable split does not mean that the assets are divided evenly between the couple.

Call a Beaufort LGBTQ Divorce Attorney Today

If you believe your relationship is coming to an end, now is the time to speak to an attorney. The process of dissolving a same-sex marriage can be challenging, but the right legal counsel could reduce much of the stress from your shoulders.

Let a Beaufort LGBTQ divorce lawyer help you protect your rights at the end of your marriage. Call Schiller & Hamilton right away to learn more.

We at Schiller & Hamilton Law Firm hope you and your family are safe & well. We wanted to let our friends and clients know that we are currently working regular office hours. However, in an effort to decrease in-person contact we encourage our clients to schedule an appointment by phone or Zoom. If an in-person appointment is necessary please note our offices are locked so please call our office number upon arriving. Our plan is to continue serving you and your family and providing the same level of professional service you’ve always received from us.
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