Same-Sex Divorce Lawyer in Medina
Advancing the Rights of Same-Sex Couples in Medina
Members of the lesbian, gay, bisexual, and transgender (LGBT) community have spent years fighting hard for their civil rights. Recently, their efforts paid off as the U.S Supreme Court held that the right to marry is a fundamental freedom that extends to all consenting adults.
However, the body of laws concerning matrimony and domestic relationships were largely established based on the now inapplicable conventions of marriage and parenthood as being restricted to men and women. As a result, LGBT couples face unique legal challenges when it comes to family law issues. Therefore, same-sex married couples seeking a divorce should discuss their legal rights with an experienced attorney who understands the sophisticated family law issues that LGBT members face.
At Erb Legal LLC, our Medina same-sex divorce attorney is dedicated to helping same-sex couples get through their divorce. Attorney Thomas L. Erb Jr. has experience providing comprehensive legal counsel and advocacy for Ohio residents in a wide range of family law cases, including divorces between same-sex spouses.
To learn more about the benefits that Erb Legal LLC offers in same-sex divorces, please call us at (330) 446-3606 today.
Family Law Issues Concerning Same-Sex Marriages
The specific legal issues that same-sex divorcees face involving Ohio’s laws concerning marriage and family relations are relatively new. Historically, same-sex marriage was legally prohibited—even criminalized—throughout the country.
Despite these unique legal issues, the legal concerns of same-sex couples seeking a divorce are essentially the same as heterosexual couples.
- Spousal support: Generally, a divorced spouse may be entitled to financial support from their former spouse. Factors such as the length of the marriage and a history of misconduct can impact how the issue of spousal support is ultimately determined in court. However, same-sex couples face unique problems regarding the length of their marriage in situations where the legality of their marriage is concerned.
- Property division: All property that a married couple acquired during their marriage must be distributed between them upon divorce. Although the rules for property division are not different for same-sex couples, the issue ultimately depends on specific dates for when their marriage began and ended. If the couple encountered legal issues when same-sex marriage was still considered legally invalid, this might have an impact on issues concerning the division of marital assets during a divorce.
- Parental rights: Divorce cases often involve questions regarding the parties’ rights and responsibilities as parents of a child. Historically, these rights were fundamentally connected to the parent-child relationship. Today, same-sex couples have the opportunity to raise their own families through adoption or artificial reproductive technology such as gestational surrogacy. However, Ohio statutory laws regarding parentage were created based on terms and concepts like “mother” and “father” which may not easily apply to same-sex divorcees.
Get Quality Counsel from Our Medina Same-Sex Divorce Attorney
Are you a member of the LGBT community seeking a divorce in Ohio? If so, it is in your best interest to hire a skilled same-sex divorce lawyer in Medina to represent you and protect your rights in a divorce case. At Erb Legal LLC, we can guide you through the unique legal issues that apply particularly to same-sex divorce cases, so you have a comprehensive understanding of the legal challenges and options before you.
As your advocates, we look after your best interest and we will work tirelessly to achieve your goals.
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When you need us the most, we're there for you. We make ourselves easily accessible and responsive at all times.
We understand the financial stress that may come with a legal issue; for this reason we offer financing options to our clients.
The success of our clients is our number one priority. We attentively listen to the details surrounding your matter and ask the right questions for clarification.