Recent research has found that lesbian couples divorce more frequently. There are a variety of reasons this might be the case. No matter what the catalyst is, if you are in a same-sex relationship and seeking a divorce in North Carolina, you need to get in touch with a North Carolina divorce attorney as soon as you can to protect your interests.
Recent research shows that while lesbian couples make up about half of same-sex marriages, they get divorced more frequently than other same-sex couples. There are many reasons as to why this might be. For example, some reasons include:
Duration of the Relationship: Sometimes, same-sex relationships among females move faster than other relationships. While the honeymoon stage might start soon and lead to marriage, when you marry someone you have not known very long, challenges can soon arise that cause the end of the relationship.
Infidelity: As with any relationship, there can be infidelity or other unreasonable actions that break loyalty in a marriage. In many cases, one partner does not tolerate such behavior and files for divorce.
Social Challenges: While same-sex marriage equality has come a long way, there are still social stigmas and unique challenges associated with being in a lesbian marriage. For example, if one parent is not the biological mother to a child, they have to go through the complex process of legally adopting the child so that they have the same rights as the biological mother. This can cause emotional tension, stress, and financial strain that can cause marital troubles.
Same-sex couples have the same rights as heterosexual couples when it comes to filing for divorce in North Carolina. For example, they have to adhere to the following requirements:
In North Carolina, both spouses do not have to agree to a divorce in order to dissolve a marriage. However, if one spouse does not agree to the terms of dividing property, then they might have to go through a series of tough legal negotiations and possibly even a trial to address the disputes. These disputes can get especially stressful if child custody issues are involved. With the right attorney on your side, you can make sure that your interests are represented.
If you and your same-sex partner are getting divorced in North Carolina, and the non-biological parent has legally adopted the child, then you have the same custody rights. In the event that your non-biological parent did not adopt your child, then you do not have equal custody rights. Your family law attorney can further explain the implications of this for your family and your legal options.
No, if you live in North Carolina, you and your spouse do not have to be in agreement about getting a divorce in order to get one. You have to be living separately for at least one year, and then you can file. Even if your partner does not want to get divorced at the end of that year, you are able to file. On the other hand, if you do not want to get divorced, your partner can still file, and you should get in touch with a divorce lawyer to represent your interests.
If you’re getting a divorce in North Carolina, there is no statutory presumption that the court will grant you and your partner 50-50 custody. If you co-parent your children with the partner you are divorcing, then the court will review a wide range of evidence to determine what is in the interest of your child. For instance, the court will look at the child’s relationships with each parent, each parent’s ability to care for the child, and more.
If you live in North Carolina, then you are eligible to get a divorce without your partner signing any paperwork. In other words, your partner does not need to agree to your motion to get a divorce in order for you to complete the process. However, you are required to be separated for at least one year in order to file for divorce in North Carolina. You should also be prepared for challenges that might arise about dividing up your property.
The price you might encounter for your divorce lawyer in North Carolina can depend on a wide variety of factors. For example, if you are in a contested divorce involving a child custody battle, you will likely have to pay more fees than if you are involved in an uncontested divorce. When you first meet with your family law attorney, they can help you understand what your financial obligations are.
If you are thinking of or in the process of dissolving your same-sex marriage in North Carolina, it is important that you have legal representation. Your lawyer can help relieve major headaches during this time and can make sure your rights are respected every step of the way.
At Lehnhardt Price Family Law, we can help you with any and all issues related to your divorce, such as understanding the legal requirements, filing, navigating disputes, and more. Get in touch with our team today to learn more about how we can support you.