New Haven Same Sex Divorce Lawyer
Divorce is a potentially messy and complicated process, and this holds true for LGBT couples as much as heterosexual couples. A person facing a divorce from their same sex spouse should consult with an experienced New Haven same sex divorce lawyer who can walk them through the process and make sure that it is handled in a fair manner.
Role of Pre-Nuptial or Post-Nuptial Agreement
One of the requirements for a pre-nuptial agreement is that there be a fair and frank financial disclosure prior to the signing of the agreement. What a pre-nuptial agreement does is basically set the terms if there was ever going to be a divorce, or the terms of what would happen during a separation during the marriage, or if certain things happen during the course of a marriage.
Theoretically, it may not just apply to a divorce, it could apply to other triggering events during a course of a marriage—inheritances or things along those lines.
A post-nuptial agreement basically is an agreement that occurs before a divorce, but after a marriage, and addresses the same type of things as a pre-nuptial. Basically, those agreements are ways to protect certain assets or indemnify for debt. Both a pre-nuptial and a post-nuptial agreement should be created with the assistance of a lawyer, such as a New Haven same sex divorce attorney.
In almost all divorces, there can be complications that arise as a result of conflicts over property, assets, debts, and other considerations. With an experienced attorney’s help, an LGBT couple going through a divorce can seek to settle their conflicts as amicably as possible.
The property settlement issues in a same sex divorce are the same type of issues as divorces for heterosexual couples. Who is responsible for the assets? Who is responsible for the debts? Was it marital debts and assets or was it non-marital debts or assets? We have to figure all that out and see who gets what. Who is responsible for which debt? Are they are mutually entitled to assets and mutually responsible for the debts? All of these questions have to be asked and answered.
When the non-biological parent wants to share custody with the biological parent in an LGBT divorce, this becomes a very complicated issue. One of the main considerations will have to do with whether or not there was an adoption proceeding and whether or not there was an order of custody from a court or a probate court prior to the dissolution. It is a very complicated proceeding, but can be smoother with an experienced legal professional.
Hiring a New Haven Same Sex Divorce Lawyer
An individual who is going through a divorce needs somebody who is experienced, not just in divorces between LGBT couples, but in all divorces because the issues are the same. The attorneys need to be able to protect their client’s assets and also reach an agreement that both parties can live with going forward and move on with their lives.
A same sex divorce lawyer in New Haven basically expedites the process a little bit and will also make it easier to deal with a rather difficult time in their client’s life.
An LGBT getting a divorce will need a lawyer for division assets, liabilities, and property division, but also when there is a child involved—whether by adoption or if one of the parents is the biological parent. There are custody and visitation rights associated with it. The divorce litigation for same sex couples is the same as it would be for any other marriage, there is no difference.