North Carolina has recognized same-sex marriage since 2014. Along with marriage comes the possibility of same-sex divorce. In many ways, a same-sex divorce will cover the same issues as any other divorce, but there are also some unique legal issues to consider. Contact a Charlotte, NC family lawyer if you have questions about your rights.
What Are the Unique Issues with Same-sex Sex Divorce in North Carolina?
At the outset, we should mention that same sex spouses will need to handle the same issues as opposite-sex couples:
- Division of marital property and debts
- Alimony
- Child custody
- Child support
These are contentious issues. Spouses often cannot reach an agreement on them, which means a judge will have to decide the issue.
But same sex divorce also has some unique wrinkles:
Child Custody When You Have Not Adopted a Child
Probably the most complex issue involves child custody. Same-sex couples often have children as a result of:
- Adoption. Some same-sex couples adopt a child jointly before or after marriage.
- One spouse gives birth to the child, and the other parent legally adopts them.
- One spouse has a child from a previous relationship, and their same-sex spouse acts as a parent but has not legally adopted them.
A problem can arise if one spouse has not yet adopted a child. There might be valid reasons. For example, your spouse could have had a child from a previous relationship, and the other biological parent does not want to give up their parental rights. A child cannot have three legal parents in North Carolina, so the same-sex spouse might be acting as a parent but not have established a legal relationship.
When you divorce, however, the lack of any legal relationship can become a problem. You do not have the rights of a parent to continue your relationship. Contact our office to discuss your options for maintaining a relationship with the child if you have not yet adopted them.
Child Support in Same-Sex Divorce
Child support issues can arise in same-sex couples in various situations. Child support is directly related to parental rights. If a spouse has not yet adopted a child, then they usually do not have a financial obligation to support a child after divorce.
Contact our office to discuss child support issues as part of a same sex divorce:
- Your spouse did not adopt your child, but you want them to continue to support the child after the divorce.
- You did not adopt your spouse’s child, and you want to avoid paying any type of support after divorce.
We can discuss various options and how a judge would analyze these issues as part of a same sex divorce.
Division of Marital Property in a Same-Sex Divorce in North Carolina
Many couples formed a relationship before same sex marriage became legal in 2014. They might have been living together, or they were in a legal domestic partnership in a different state. During this period, they probably acquired property while they were a couple.
Generally, any property a married couple acquires is considered marital in North Carolina, regardless of who pays for it. But what about the property a couple acquired during this period when they were living together but not married? Is it considered marital or “joint” property?
Typically, North Carolina courts would decide that the property is not marital because the couple chose not to marry. But same-sex marriage wasn’t an option before 2014 in most states.
Let us review the property that might be at issue, including real estate, small businesses, retirement accounts, and even money in the bank. These assets could represent a considerable amount of money. We can discuss how a court would analyze how to divide them.
How to Negotiate a Same-Sex Divorce
Many couples seek to negotiate divorce-related issues so they can avoid lengthy and expensive litigation. By finding common ground, they can simply submit a settlement agreement to a judge for approval.
However, any negotiation takes place against a backdrop of how a court would likely decide an issue if it were contested in court. And some of these issues are unclear. The law around same-sex divorce continues to unfold.
Anyone who is considering divorce should reach out to Remington & Dixon. We will fully review the law to determine how North Carolina courts will analyze the issues. That gives us a stronger hand in negotiations with your spouse and their legal team.
Contact a Charlotte Divorce Lawyer to Discuss Your Situation
After a same sex marriage, divorce is a real possibility. Call Remington & Dixon to schedule a meeting with an experienced, compassionate divorce lawyer. Our firm was founded to help those in the Charlotte area navigate the divorce process and set themselves up to hit the ground running when they obtain a divorce decree. Same-sex divorce has introduced novel legal issues into courts, but our firm is committed to staying on the leading edge of legal change.
We have helped those in the 28207 zip code and surrounding communities in Mecklenburg, Cabarrus, and Union County. Call us today 704-247-7110 to schedule your consult.
