The breakdown of a marriage is often a very difficult experience for both parties. In same-sex marriages, a divorce can have additional complications to address before finalizing the process and dividing assets.
A Knoxville LGBTQ divorce lawyer at Cole, Guindi & Pienkowski could help you through same sex divorce proceedings. Our skilled divorce attorneys work to identify the best legal options for each case, guide property division, and help with other relevant issues that may arise during marital dissolution. To schedule a consultation and receive tailored legal guidance, contact our firm today.
Key Aspects of a Marital Dissolution Involving an LGBTQ Couple
All divorce proceedings in Tennessee fall under Tennessee Code § 36-4-101, regardless of sexual orientation. Barring any unusual circumstances, the same rules and conditions apply to everyone. Crucial matters of consideration in divorces include:
- Alimony, which could be transitional or permanent, depending on the receiving spouse’s ability to support themselves in the future
- Child support
- Property division
- Child custody
- Protection or restraining orders
An experienced same sex divorce attorney in Knoxville could help you prepare a solid legal case, ensuring you get a fair and reasonable outcome from proceedings.
What Are Common Challenges in Same Sex Divorces?
Although most divorce proceedings follow essentially the same process, certain challenges may arise in those involving LGBTQ couples, such as parental rights and child custody issues. Difficulties can occur when determining who gets legal and physical custody if the couple adopted a child or one party is the child’s biological parent.
Another potential challenge concerns property and asset division, especially those acquired during the couple’s cohabitation, due to legal restrictions on same sex marriage before they married. These issues also factor into spousal support, as couples who cohabited before the law allowed them to marry may face major challenges as the court determines how to award fair spousal maintenance and the length of the partnership.
A dedicated LGBTQ divorce lawyer in Knoxville could help you navigate these legal pitfalls and build a case that secures favorable divorce terms.
Factors Influencing LGBTQ Divorce Outcomes
Same sex divorce cases yield various outcomes, largely determined by several factors, such as:
- Marriage and/or cohabitation duration
- Value of assets, properties, and debts
- A spouse’s ability to become self-supporting
- A spouse’s resources and availability to take care of the children
- Tendency for judges to apply traditional standards to their rulings
- Prenuptial or postmarital agreements signed without duress
- Spousal contribution to the economic and career growth of their partner
Other factors could also play a significant role in what happens when the divorce proceedings end. You might consider proactively consulting a Knoxville lawyer with experience handling same sex divorce cases about these issues.
Contact a LGBTQ Divorce Attorney in Knoxville Today
Unlike traditional divorce proceedings between heterosexual couples, those involving same sex partners can be complex and confusing. An experienced Knoxville LGBTQ divorce lawyer at Cole, Guindi & Pienkowski could help you achieve a fair outcome.
Our attorneys could review your case, provide guidance, and help you manage the divorce process. Contact us to discuss your case today.