Towson Same-Sex Marriage Lawyer
Although same-sex couples throughout the country were all granted the fundamental right to marry and divorce in 2015, Maryland was a little more progressive, allowing this right to everyone in 2013. Today, same-sex couples are treated no differently from heterosexual couples when they are getting married or conversely, dissolving a marital relationship. Still, same-sex couples face unique issues when they have a dispute involving property division, alimony, and more. A Towson same-sex marriage lawyer can help couples overcome these issues so they obtain a fair and favorable outcome in their case.
Unique Property Division Issues Same-Sex Couples Face
One of the biggest issues faced by same sex couples is determining the length of the relationship. The length of a marriage plays a large role in many different aspects of a divorce. For example, when a couple has been married for decades, the lower-earning spouse may be awarded alimony.
Many same-sex couples were together and lived as a married couple even before the law caught up with the times and was officially changed. During this time, a same-sex couple may have purchased property together, or otherwise commingled their assets. However, the union was not legally recognized, which can create issues when dividing property and making other legal decisions.
How is Child Custody Different for Same-Sex Couples?
While same-sex couples do have the same rights as heterosexual couples in family court, child custody matters are treated somewhat differently. This is because it is usually more difficult to determine paternity and maternity when each parent is of the same sex. Typically, a person in a same-sex couple is considered a parent of a child if they meet any of the following requirements:
- They are a woman named on the birth certificate along with their spouse, who is also a woman
- They adopted a child with their same-sex spouse
- They adopted the child of their same-sex spouse
- They are considered ‘de facto’ parents due to unique circumstances
Child custody matters also have a greater potential to become complex when the parents are the same sex. This is due to the fact that when a heterosexual couple has a child custody issue, both parties are usually the biological parents of the child. This is not usually true in same-sex marriages. Typically, only one person is the biological parent and in some cases, neither party is the biological parent of the child. Biological parents in these cases still often have rights to custody if they have not been terminated, which can make custody matters vastly more complex.
Our Same-Sex Marriage Lawyer in Towson Can Advise On Your Case
If you are part of a same-sex couple and now have a legal issue such as divorce, child custody, property division, or alimony, our Towson same-sex marriage lawyer at Lebovitz Law can provide the sound legal advice you need. Call us now at (410) 657-6494 or fill out our online form to schedule a consultation with our experienced attorney and to learn more about how we can help with your case.