Facts You Should Know About LGBT Divorce

Parentage Laws

Same-sex couples can have a lot of problems, especially when it comes to child custody. However, several states have legal mechanisms to help ensure that children are adequately cared for. In addition, there are laws in place that protect the rights of both same-sex and opposite-sex parents.

For example, in the case of same-sex marriage, the court will presume that both partners are the legal parents of a child. This is known as the presumption of parentage. While this is not the same as adoption, it is a helpful mechanism.

However, it is still essential to work with a lawyer like the lgbtq divorce attorney nj when attempting to establish parentage. A second parent can be given visitation, custody, or support rights. Establishing de facto parentage or a legal relationship between the child and the non-biological parent is also necessary.

In addition to establishing the right to care for a child, a same-sex couple may be able to legally adopt a child. Adoption is a type of parentage that ensures that both parents are recognized, and their parental rights are protected.

Property Division

Property division in LGBT divorces can be a difficult task. Although the law may be changing for the better, it’s still unclear what a same-sex couple can expect in a property settlement. It’s best to discuss this with a knowledgeable attorney who has experience in the area.

Identifying a couple’s separate and marital assets is the first step in asset division. This may require the assistance of professional appraisers. A prenuptial agreement is essential for securing the right to a specific property.

Separate property refers to property that was acquired before the marriage. Marital property, on the other hand, includes the majority of assets and debts accumulated during the marriage.

Most states have laws that govern how to divide a couple’s property. These include child support, spousal support, and debts. Some states even have fault-based systems. Often, a spouse’s infidelity is responsible for splitting up the marital estate.

For LGBT couples, property division is a significant issue. Many of these couples have lived together for decades. They may have accumulated substantial assets over this period. However, if their marriage breaks down, they could lose even more.


Alimony is an issue that can be especially difficult for same-sex couples in a divorce. This is because each party has a different financial situation, which can impact the amount of alimony they are awarded.

The length of the relationship is a significant factor that judges look at when determining spousal support. A longer marriage will positively affect the amount of alimony awarded.

There are different types of alimony, such as spousal maintenance, alimony for a child, and alimony for a parent. Each type is based on a set of criteria. However, every case is unique.

Depending on the state, a judge will consider various factors when deciding alimony. Some of these include the length of the marriage, each spouse’s income, and each party’s financial circumstances.

Another essential factor to be considered is the date of the marriage. Many same-sex couples had been together for years before legal marriage took place.


Many LGBTQ people experience unique stressors in their relationships. Some of these stressors can lead to dissatisfaction in the relationship during a crisis period. In addition, these stressors can impact the health of the LGBTQ community.

Same-sex couples have access to medically assisted reproduction on the same terms as opposite-sex couples. Additionally, they have the same rights to divorce. This creates a unique opportunity for researchers to study gendered interactions between spouses. Despite this, few studies have focused on same-sex couples.

While the demographics of same-sex couples are similar to those of heterosexual couples, there may be pressures to conform to family norms. Moreover, the legal status of marriage can affect the long-term stability of same-sex relationships.

Anti-LGBTQ stigma can undermine the quality of relationships and the emotional well-being of the LGBTQ community. The stigma can also produce internalized psychological and psychophysical stress.

Among the factors contributing to the mental and physical well-being of the LGBTQ community, one of the most important is the quality of relationships. Studies have shown that LGBTQ people report higher levels of friend support than heterosexual people. However, they also have fewer supportive family members.