As more people get married, more couples tend to get divorced. As a result, same-sex divorce litigation in Montgomery County is becoming more prevalent. The same issues affect all couples, regardless of their sexes. For instance, child custody, parenting time, alimony, and division of property may be cited as contested issues between any couple.
Whether it is a same-sex marriage or not, people considering a divorce in Montgomery County should contact an experienced attorney before entering litigation. Consult with a local lawyer for help with understanding and preparing for a same-sex divorce in Montgomery County.
Same-sex couples have the same issues as heterosexual partners when they split up. If they own a house together, the courts would need to determine what happens with the home in a divorce. A judge would also be responsible for determining how to divide any marital assets between the parties.
For example, if one spouse earns substantially more income than the other, the courts will allocate assets using a number of factors pursuant to law. Similar factors would be also be used to identify either party’s need for spousal support payments.
Local judges favor the equitable distribution of a couple’s property, but equitable does not mean equal in every case. For this reason, it is advisable to work with a skilled attorney experienced in same-sex marriage dissolution in Montgomery County when trying to allocate assets in a divorce.
Child Custody Arrangements
If a non-biological parent wants to share custody with their child’s biological parent, there are several issues that could arise. A non-biological parent in a same-sex couple could request to be made their child’s de facto parent and placed on the same legal standing as the biological parent. The courts may consider them a de facto parent if their child was living with both spouses during their marriage, in addition to other factors outlined in Maryland case law.
This kind of determination requires the courts to decide what is in the best interests of the child or children in any custody litigation. Having a Montgomery County lawyer by your side can make a substantial difference in making sure your family’s needs are met during your same-sex divorce.
Get an Attorney’s Help with a Same-Sex Divorce in Montgomery County
It is important for a person seeking a same-sex divorce to hire an attorney who is experienced in family law in Montgomery County and familiar with dissolution litigation. If you have an issue with child custody and access, our qualified legal team would have a thorough understanding of the laws that affect children of same-sex marriages, which are a little bit different than in other cases.
For help with dissolving your marriage with your partner, consider hiring a lawyer who is familiar with same-sex divorces in Montgomery County as soon as possible. An attorney could help you file all the necessary paperwork, articulate your goals to the opposing party, and determine the ownership of any marital property. Call our firm today to ensure that your rights are heard and your obligations are met.