Intricacies Of An LGBTQ Divorce

The LGBTQ community has only had marriage rights for a short period of time. This has resulted in some legal complexities that make LGBTQ divorces complex. In this article, the Maryland LGBTQ divorce lawyers at Schlaich & Thompson, Chartered will discuss some of the nuances involved in LGBTQ divorces and marriages.

The date of legal recognition versus the length of the actual relationship 

One of the major differences between an LGBTQ marriage and a heterosexual one is that such marriages have only been recognized since 2013. That means the longest LGBTQ marriages are currently 11 years old. However, alimony and property division are both tied to the length of the marriage. So, LGBTQ divorcees may find themselves facing difficulty when it comes to determining equitable distribution of the marital estate. Alimony is also tied to how long the marriage lasted. Since the longest LGBTQ marriages are all 11 years old, the court must determine the effective date that the relationship began.

Children and parental rights 

Parental rights can also present complex issues in an LGBTQ divorce, especially when it comes to non-biological parents. Generally speaking, a step-parent may only have rights over a child if they performed a step-parent adoption. If there is no adoption in place, then one spouse may have no legal rights to the child once the divorce is finalized. Maryland courts, when considering custody matters, always default on the best interests of the child. Nonetheless, this scenario can create headaches for LGBTQ spouses who are untying the knot.

Prejudice and discrimination 

While LGBTQ rights have advanced significantly in the past 10 years, societal prejudice and discrimination can still impact the divorce process. Bigoted attitudes can impact how cases are perceived by legal professionals, jurors, and judges. It’s important that attorneys representing LGBTQ clients during their divorce maintain an elevated level of sensitivity to certain challenges their clients may face during the process and ensure that they receive fair and unbiased treatment.

Name changes and identity documents 

Many individuals in the LGBTQ community change their names to reflect new identities. When it comes to marriage, the decision to change your name depends on several personal considerations. In the context of divorce, reverting to a maiden name or changing one’s name after the divorce is common. Ensuring that such matters are handled correctly is crucial for respecting an individual’s gender identity and expression.

Find a lawyer who is comfortable managing your unique issues 

When it comes to divorce, you want an attorney who is sensitive to your unique wants and needs. Schlaich & Thompson, Chartered represents the interests of all individuals who are pursuing a divorce in the State of Maryland. We work closely with all of our clients to ensure the best possible outcome. We are uniquely qualified to handle your LGBTQ divorce. Call our Bel Air family law attorneys today to schedule an appointment, and learn more about how we can help.