Same-sex divorce? Or considering one? Soriano Law LLC is experienced (we’ve written many articles about Divorce here) in guiding you and providing valuable insights into the specific challenges in family law and that includes our friends in the LGBTQI+ community. Here’s a guide through what LGBTQ+ couples may do if considering divorce.

Marriage Equality and Its Implications

Washington State has recognized same-sex marriage since December 2012, following the approval of Referendum 74. This milestone provided LGBTQ+ couples with the same legal rights and responsibilities as heterosexual couples, including the right to divorce. However, there are still unique considerations to be aware of:

  • Retroactive Recognition: Some couples may have been in committed relationships long before same-sex marriage was legalized. Determining the start date of the marriage can be complex, affecting asset division and spousal support.
  • Domestic Partnerships: Before the legalization of same-sex marriage, many LGBTQ+ couples entered into domestic partnerships. You must dissolve both legally if you have a domestic partnership and a marriage.

Parental Rights and Child Custody

One of the most emotionally charged aspects of divorce is determining child custody. For LGBTQ+ couples, this can be particularly challenging:

  • Legal Parentage: Establishing legal parentage is crucial. If only one partner is the biological parent or if the non-biological parent has not legally adopted the child, custody battles can become complicated.
  • Adoption: If both parents legally adopt the child, the law typically treats them equally. However, if only one parent is legally recognized, the non-legal parent may face challenges securing custody or visitation rights.

Division of Assets

The division of assets can be more complicated for LGBTQ+ couples due to:

  • Pre-Marital Cohabitation: Many LGBTQ+ couples lived together and accumulated assets before their marriage was legally recognized. Determining what is considered marital versus separate property can be contentious.
  • Retirement Benefits: Ensure that all retirement benefits are accurately accounted for, especially if they were accrued before the marriage was legally recognized.

Legal Support and Resources

Navigating a divorce can be overwhelming, but several resources can provide support:

  • LGBTQ+ Friendly Legal Professionals: Seek attorneys who specialize in LGBTQ+ family law. They will have the expertise and sensitivity to address the unique issues that may arise.
  • Support Groups: Joining support groups can provide emotional support and practical advice from those who have gone through similar experiences.
  • Mediation: Consider mediation as an alternative to contentious court battles. A mediator can help you and your spouse come to an amicable agreement, which is often less stressful and more cost-effective.

Spousal Support

Spousal support (alimony) in Washington is determined based on factors such as the duration of the marriage, the financial situation of each spouse, and the standard of living established during the marriage. Given the potential complexity of pre-marital cohabitation, accurately assessing spousal support can be challenging but is crucial for a fair settlement.

Property Division

Washington State follows community property laws, meaning all assets and debts acquired during the marriage are typically divided equally. For LGBTQ+ couples, this includes assets acquired during periods of pre-marital cohabitation if considered as a part of the marital estate.

Conclusion

Divorce is never easy, and for LGBTQ+ couples in Washington State, it can present unique legal and emotional challenges. By staying informed and working with professionals who understand the nuances of LGBTQ+ divorces, you can navigate this difficult time with greater confidence and clarity. Soriano Law LLC provides competent legal representation and advice about this and all things family law, please don’t hesitate to send us an email at ron@sorianolawllc.com. We can also provide FREE consultation. You may also call us at (360) 249-6174.