Most couples, whether in a same sex marriage or not, don’t take their vows while thinking about divorce. Unfortunately, when a marriage ends, the divorce process is incredibly complicated. Same sex divorce proceedings often face unique challenges that require the expertise of LGBTQ divorce attorneys in Cincinnati to help navigate the way.
Ernst & Associates offers compassionate and knowledgeable legal assistance to LGBTQ couples going through divorce. We understand Cincinnati LBGTQ family law and provide our legal expertise in contested and uncontested divorce, child custody issues, and fair and equitable division of assets.
Contact us today to discuss your case with a same-sex divorce lawyer in Cincinnati through a free initial consultation.
Understanding LGBTQ Divorce Challenges and Collaborative Law
LGBTQ couples in domestic partnerships already face enough difficulty, despite the ruling from the United States Supreme Court, which made it legal to marry someone of the same sex. Between the precedent set by the United States Supreme Court and Ohio law, same sex marriage has been legal since 2015.
However, like heterosexual couples, same sex marriage can end in divorce. LGBTQ divorces tend to be far more complicated, particularly with child custody issues.
LGBTQ couples have a variety of ways to start a family of their own. Adoption and surrogacy are common means for same sex couples to build a family. Issues often arise during LGBTQ divorces with parental rights. There may be a second-parent adoption, pre-birth agreements, or surrogacy contracts that establish parentage. Still, many obstacles arise for same sex couples who are looking to part ways while seeking child custody as non-biological parents.
Additionally, for many LGBTQ couples who cohabitated before same sex marriage was legalized, there may be more difficulties in determining marital property. The length of marriage for LGBTQ couples will also play a role in spousal support, making for additional challenges.
Since same sex couples already have enough cultural and societal hurdles to overcome, it’s vital to choose experienced attorneys who can lead the way through these unique challenges. Contact Ernst & Associates today to learn more about your legal options.
Legal Services Offered for the LGBTQ Community
At Ernst & Associates, we help LGBTQ families find solutions. Our legal services include:
Divorce Proceedings
While no divorce is easy, LGBTA divorces are certainly more complicated. We know that it’s upsetting to end a marriage, and our attorneys will work to ensure a smooth process from start to finish.
Marital Asset and Property Division
The constraints of Ohio law can make dividing up marital property more complex, especially when assets were commingled prior to the legal recognition of same sex marriages. We specialize in fighting for the equitable distribution of property in LGBTQ divorces.
Child Custody Agreements
Many LGBTQ couples have children together, either by one parent being biologically related, surrogate, or adoption. Unlike hetero marriages, custody agreements can be trickier to navigate. Throughout the state, inconsistent rulings have plagued same sex couples in terms of parental rights.
When it comes to child custody, the court may rule in favor of a biologically related parent, or other issues may arise that make things unfair. Our focus on justice under family law for the LGBTQ community sets us apart from other divorce attorneys.
Spousal Support
In any divorce, couples also separate financially through the courts. One spouse may have a stronger financial standing, meaning that the other will need monetary support. When looking at the amount of marital property and how much to award in alimony, the courts will consider various factors. These include the duration of the marriage and the contributions each spouse has made.
Things ultimately are more complicated for same sex couples who were together before legally marrying. To ensure you get what is fair to move forward, contact Ernst & Associates to get the compassionate and caring approach you need during your divorce.
The Importance of Legal Representation for LGBTQ Couples Undergoing the Divorce Process
While it may be tempting to end your marriage on your own to minimize legal fees, it’s ill-advised. Divorce is a complicated matter, even if a couple agrees it’s time for the marriage to end. When you have other factors thrown in, it can make dealing with the court a huge challenge.
An LGBTQ divorce attorney in Cincinnati is imperative for many reasons:
Overcoming Bias
Even though great strides have been made in terms of equality and inclusion with laws that nationally recognize same sex marriages, there is still much bias. Many in the legal field don’t know all the laws and rights provided to LGBTQ couples. Often, these couples are treated unfairly. Having an advocate who knows these laws can provide protection.
Custody Concerns
When a same sex marriage ends in divorce, there are huge concerns for the children. Whether there was one parent that had a child from before the marriage, a second-parent adoption, or surrogacy, establishing parental rights and responsibilities is far more complex, especially when non-biological parents are involved.
Alimony and Division of Property
Disagreements over joint and separate assets, in addition to determining alimony, can also create issues that are too big to handle on your own. This requires expertise in family law with a full understanding of LGBTQ rights to help you get what is fair.
Client Process Guide
LGBTQ divorces are as painful as a hetero divorce, though there tend to be more complexities overall. At Ernst & Associates, we have extensive experience in same sex divorces and work to simplify the process. It all starts with a free initial consultation, where we can learn more about your needs.
We provide a full spectrum of services for your divorce, from filing the petition through advocating for your needs. You won’t have to worry as we’ll guide you through it all, following everything to the letter of the law to prevent issues that could cause added turmoil in your case.
Why Choose Ernst & Associates
At Ernst & Associates, we always provide a client-focused approach in the legal process. Our attorneys are committed to giving you the personal attention you need and understand the pain involved when a marriage ends, especially if children are involved.
We have a mission to fight for the best possible outcomes for our clients. While we take on the legal aspects of the case, we provide the emotional support and guidance you need through each step. We’re actively involved in the LGBTQ community and staunch advocates for LGBTQ rights, and we do our part to protect what you are legally entitled to while also keeping an eye forward on future legislation.
Dedicating ourselves to representing same sex couples in fairness has given us a deeper understanding of the challenges that stand in the way. As such, we use this knowledge to ease the process for you. Whether you’re both on the same page that the marriage should end or your spouse doesn’t want to get a divorce, contact us today to learn more about your legal options and how we can help you.