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Same-Sex Divorce

Same Sex Divorce Attorneys in North Carolina and South Carolina

Same-sex marriage was no longer banned in North or South Carolina as of 2014. The long-awaited opportunity for homosexual couples to marry has led to an increase in the number of happy families throughout the East, but just as with heterosexual marriages, not every relationship is destined to succeed. Life happens, people change, and sometimes, divorce is the unfortunate result. In same-sex divorce proceedings, couples can struggle to find equal rights and protections under the law due to the lack of precedent for these proceedings.

In our many years of experience at Collins Family & Elder Law Group, we have come to know that no two marriages are the same, which is why we handle every divorce in a distinctive and personalized manner. If you are seeking same-sex divorce lawyers in North Carolina or South Carolina, look no further than our legal team. We have the knowledge, compassion, and resources to help you make it through this process with as little hassle and heartache as possible.

The Challenges of Same Sex Divorce

Same-sex marriage laws are still new in the legal realm, which is why it can be so difficult for homosexual couples to obtain a divorce — especially if they were married out of state before gay marriage was permitted in NC or SC. As you navigate the hardship of a same-sex divorce, our team will be alongside you to work through the challenges of:

  • Spousal support: In general, the longer a couple was married, the more support the dependent spouse will receive in terms of support. However, if you and your partner cohabitated in the years leading up to the legalization of gay marriage, some courts will not take those years of cohabitation into account. 
  • Child custody and support: Child custody arrangements can be complex in a same-sex divorce case unless both parents are legal guardians of their children with equal rights. In this case, custody and support arrangements will be handled just as they would in any heterosexual divorce case. Unfortunately, many couples only establish one person as the legal parent, so the second parent may not have any legal rights as the co-parent. This means you could be at risk of not having visitation or custody rights to your child.
  • Property division: If you were unable to marry until the 2014 gay marriage laws were passed in NC and SC, then the items you bought with your partner before your legal union may not be considered marital property by the courts. Property obtained prior to marriage is, by some courts, considered separate property and is not subject to equitable division, which isn’t fair for many couples.

We’ll Help You Overcome the Legal Hurdles of Same Sex Divorce

Same-sex divorces present a number of unique and pressing challenges that don’t exist in heterosexual divorces. Circumstances may be even more complicated if there are children involved, especially since they were likely adopted or are the biological offspring of one spouse. The reality of same-sex marriage changes with each passing law and day, which is why it is essential you put your future in the hands of a competent and experienced gay divorce attorney who has had success in this specific field. 

A divorce lawyer from Collins Family & Elder Law Group can help you resolve the most common issues in a same-sex divorce, including (but not limited to) the following:

  • Property division
  • Mediation
  • Child custody and adoption
  • Child support
  • Spousal support

Need a Lawyer for Your Same Sex Divorce in North or South Carolina?

Collins Family & Elder Law Group is a legal team you can trust to put your best interests first, no matter the complexities of your particular situation. Our same-sex divorce lawyers in NC and SC will go above and beyond on your behalf, and we will not give up until we have resolved your case to your satisfaction. 

We know that dissolving a marriage is never easy, but it is sometimes the best option for a family’s future. Our goal is to face each case with unparalleled professionalism and understanding and to make a difficult process easier for you and your family. Our team will listen to your unique needs and prioritize your goals, and we’re prepared to answer any questions that you have about the process. Call us today for a legal consultation and count on us to stay by your side until we’ve reached a satisfactory solution.

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Whether you have questions or you’re ready to get started, our legal team is ready to help. Complete our form below or call us at (704) 289-3250

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