Joint tenancy after divorce: What you need to know about joint tenancy and tenants by the entirety in Maryland
Divorce in the LGBTQ community: Statistics, unique challenges, and more
Divorce can be a complex and emotional journey for anyone, and the LGBTQ community faces unique challenges and considerations in this process.
At Coover Law Firm, LLC, we are committed to providing empathetic and knowledgeable legal support to navigate the intricacies of LGBTQ divorce. Keep reading to learn specific aspects and legal nuances of dissolving a same-sex marriage, ensuring that all parties involved understand their rights and obligations.
Understanding the legal landscape of LGBTQ divorce in Maryland
Since the legalization of same-sex marriage in Maryland in 2013, LGBTQ couples have had the same marital rights and responsibilities as heterosexual couples, including the right to divorce.
The Maryland Family Law Code, which governs all divorce proceedings in the state, applies equally to all marriages regardless of the gender of the spouses. Understanding key statutes, such as Maryland Family Law Section 7-103, which provides grounds for divorce, is essential for anyone considering dissolution of their marriage.
Divorce rates in the LGBTQ community
Research from the Williams Institute suggests that same-sex couples divorce at a slightly lower rate than different-sex couples. The annual divorce rate among same-sex couples is about 1.1% to 1.6%, compared to around 2% annually for different-sex couples.
Divorce rates differ significantly among lesbian couples with children. Studies indicate that about 12.3% of lesbian couples with children experience divorce within the first five years of marriage.
Common issues in LGBTQ divorce
Division of marital property
Dividing assets in a divorce can be complicated, particularly for LGBTQ couples who may have cohabitated and shared finances long before their marriage was legally recognized. Determining what constitutes marital vs. non-marital property is a key concern that requires careful legal consideration.
Alimony and financial support
Like any divorce, determining the need for and the amount of spousal support is critical. This may be influenced by the length of the marriage, the standard of living during the marriage, and each spouse’s financial circumstances.
Child custody and support
For LGBTQ couples with children, questions of legal parentage can complicate custody and support arrangements. Maryland law will generally recognize both spouses as legal parents if the child was born during the marriage, but nuances can arise, particularly with regard to adoption and biological relationships.
Unique challenges faced by the LGBTQ community in divorce
Recognition of legal parentage
Establishing parentage can be particularly complex in LGBTQ divorces, especially if one spouse is not biologically related to the child. Legal steps may be necessary to ensure that both parents’ rights are protected in the event of a separation.
Pre-marital assets and cohabitation
Many LGBTQ couples cohabitated and shared a life together before marriage equality, complicating the division of assets accumulated before the legal recognition of their marriage.
Discrimination and bias
Despite legal advances, LGBTQ individuals may still face discrimination during the divorce process. It is crucial to work with a law firm that understands these challenges and advocates strongly against any bias in judicial proceedings.
How Coover Law Firm, LLC can help with your LGBTQ divorce
Legal expertise and representation
At Coover Law Firm, LLC, we provide expert legal representation to navigate the complexities of LGBTQ divorce, from filing the initial paperwork to finalizing the divorce decree.
Tailored advice and compassionate support
We offer tailored advice to address the unique circumstances of your family situation, providing compassionate support throughout the emotional challenges of divorce.
Advocacy for fair treatment
Our attorneys advocate for your rights and fair treatment in all aspects of divorce proceedings, including child custody, asset division, and alimony.
Moving forward: Let us support you through your divorce
LGBTQ divorce involves several complex legal and emotional considerations. Coover Law Firm, LLC is committed to supporting the LGBTQ community through these challenges with knowledgeable legal counsel and compassionate service.
For effective guidance and advocacy in LGBTQ divorce, contact Coover Law Firm, LLC at (410) 553-5042. Let us help you navigate your divorce with dignity and confidence, ensuring that your rights are protected every step of the way.
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