Why You Need a Gay Divorce Lawyer

February 7, 2019

Going through a divorce is a stressful and draining experience. For LGBT individuals, having an attorney that specializes in LGBT family law can make an enormous difference, easing some of the difficulties of this challenging time. Here are three of the top reasons why you’ll benefit from hiring a gay divorce lawyer.

Bias in the legal system still exists

Despite well-meaning intentions, unconscious bias still affects the judgement of most people, including even those meant to be the most objective, such as judges and juries.

For example, just this year, a court in Washington State was found to have discriminated against a mother, who had realized she was a lesbian, and divorced her husband. The court had given custody of her children to her ex-husband solely because of her sexual orientation, despite the fact that she had been a stay at home mom for years. Fortunately, Rachelle appealed and the decision was overturned–but not until it was brought to the Washington State Supreme Court.

These types of biases continue to appear at times in gay divorce cases, but LGBT divorce attorneys are familiar with how to safeguard against them.

A welcoming community makes a world of difference

You are not always going through life’s easiest experiences when you’re in need of an attorney. A welcoming feeling of safety and inclusion when you walk through the doors of your attorney’s office can have a big difference on your energy levels. Having a lawyer that specializes in gay divorce can help ease some of the stress that ending a relationship entails.

Our attorneys ensure that lesbian, gay, bisexual, queer, and transgender folks are treated with the same respect and have access to the same high quality of legal services as heterosexual individuals.

LGBT family law is not simple. You need an expert who can navigate the nuances of the legal landscape.

While most heterosexual couples have had access to marriage for a lifetime, it is a relatively new right for the LGBT community. This means that LGBT couples going through a divorce are more likely to have additional complicating factors.

For example, they are more likely to have co-habited for years before getting married, perhaps acquiring assets and debts together before saying “I do,” making division of those items complicated in the case of divorce. LGBT divorce attorneys can advise on when it may be necessary to use legal devices such as Marvin Actions to ensure the best outcome for you.

Additionally, many states outside of California have weaker anti-discrimination laws, so it is prudent to build safeguards into common agreements that will be settled in a divorce, such as parenting agreements. LGBT divorce lawyers are aware of where legal weaknesses are most likely to appear, and can use that knowledge to build strong, binding agreements that will hold legal weight regardless of where you may end up living in the future.

In sum, hiring an LGBT divorce attorney will help ensure that you have the best possible outcome as you navigate your divorce. You can rest at ease, knowing that someone with expertise in LGBT family law is advocating on your behalf. Contact us to learn more.

Photo by Nicola Fioravanti on Unsplash