Birmingham Same Sex Divorce Lawyer
The year 2016 brought big changes around the country but perhaps the biggest one was the legalization of same-sex marriages throughout the nation. While the news was joyous for LGBTQ+ communities, it also led to another inevitable change – same sex divorces. When a same sex couple gets divorced, there are many issues that can become far more complex than in mixed sex divorce cases. Our Birmingham same sex divorce lawyer can help you overcome these issues.
The Length of the Marriage is an Important Factor in Divorce
The length of a marriage is one factor that is given much weight when decisions are made during divorce. This, however, is much more difficult to determine when a same sex couple is divorcing. Many same sex couples were together before the law changed, and they lived and acted like married couples. Some even purchased homes together, and had children together.
Still, because these unions were not legally official, any time before an actual marriage may not be considered by the courts. As such, this factor may result in some same sex spouses not receiving the full and fair settlement they are entitled to.
Spousal Maintenance Issues in Same Sex Divorces
Generally speaking, when making decisions on spousal support, or alimony, the courts consider whether one spouse needs it, and whether the other spouse is able to pay it. These are considerations taken into account during a same sex divorce, as well, but issues can still arise. For example, the courts in Alabama will not award permanent alimony unless a marriage lasts for 20 years or longer.
Again, this can make it more difficult for some same sex spouses who need support. Even if a couple has been together for 25 years, they were not able to get married in Alabama until 2016. As such, in the eyes of the court, a couple may have only been married for six or seven years. This could also result in one party not receiving the support they need.
Property Division Issues in Same Sex Divorces
As in all other states, Alabama law stipulates that only marital property is subject to division in divorce. Marital property includes any assets or liabilities that were acquired by the couple during the marriage. Just as with other issues, it can be difficult to identify marital property due to the fact that many same sex couples lived as a married couple prior to actually being married. When a mortgage or other property is in one person’s name only but the other party contributed to it financially, the case becomes even more complex.
Our Same Sex Divorce Lawyer in Birmingham Can Help You Overcome These Issues
At Peeples Law, our Birmingham same sex divorce lawyer knows the complexities that may arise in your case, and how to overcome them so you achieve the best possible outcome. Call us now at 205-403-5577 or reach out to us online to schedule a consultation with our experienced attorney and to learn more about how we can help.
