When a female couple says “I do,” the last thing they are thinking about is the day that they’ll file for divorce. At The Law Office of Heather M. Ward, our Cape Cod divorce attorney understands how challenging and emotional a divorce is, and also knows that lesbian couples may encounter unique complexities during their divorce. If you are pursuing a divorce, our Cape Code lesbian divorce attorney is here to represent your interests and help you to navigate the process. Reach us today to learn more.
Issues to Resolve in a Cape Code Lesbian Divorce
Lesbian couples must face and resolve the same issues as straight couples in a divorce, although each issue may present unique challenges. Issues that must be resolved in a Cape Cod Lesbian divorce before the divorce can be finalized include:
- Property division. When couples are divorcing in Massachusetts, property must be divided in a way that is equitable, but not necessarily equal. Only marital property—property acquired during the course of the marriage—is subject to division; separate property is kept separate. If a couple has been living together for many years without being married, determining what’s separate and what’s marital could prove difficult.
- Alimony. Alimony is awarded when one party is financially dependent on the other and does not have the financial means to support themselves without their partner. Alimony is determined, in part, based on the length of the marriage.
- Child custody. Parents are strongly encouraged to work together to create a parenting plan that works for all parties. Only when they fail to do so will a court intervene. If a court is tasked with making a decision about child custody, it will issue a decision that protects the best interests of the child.
- Child support. All parents have an obligation to support their children financially. It is assumed that a custodial parent does this by virtue of having custody. As such, the non-custodial parent will be ordered to make child support payments.
While the same laws apply to a divorcing couple regardless of the sexual identity, lesbian couples may have a question about how living together before being legally able to marry could impact things like a property division or spousal maintenance settlement, as well as how only one parent being a shared child’s biological parent could impact child custody.
When you work with The Law Office of Heather M. Ward, we’ll work hard to make sure that your legal rights are protected throughout the divorce and that your sexuality has nothing to do with the divorce outcome.
Call The Law Office of Heather M. Ward Today
If you are going through a Cape Cod lesbian divorce, don’t hesitate to get the legal help and support you need. At The Law Office of Heather M. Ward, our Cape Cod lesbian divorce lawyer is ready to start working on your case today. To learn more, please send our law firm a message requesting more information, or call us directly at (617) 903-8955. We are here for you.