Trusted Same-Sex Divorce Attorneys In West Virginia
It’s never easy dealing with the end of your marriage. The knowledgeable and experienced attorneys at Lyne Ranson Law Offices, PLLC, in Charleston, West Virginia, can offer you support.
Under West Virginia law, a divorce for a same-sex couple progresses just like any other divorce: one or both of you will file a petition, marital property will be divided fairly (equitably) and the court will enter a divorce decree.
However, we also recognize that ending a marriage requires much more than a formal legal procedure. For over three decades, our attorneys have offered our clients a secure space to seek legal counsel to face the challenges of a separation.
Specific Problems Of Same-Sex Divorce Law
People in same-sex marriages can face several common challenges that will require an experienced LGBTQ divorce lawyer. Whether your marriage began long before formal legal documentation of your union, or has included complex legal processes to start and maintain your family, all the details need thoughtful planning. Our attorneys provide proactive assistance in all of these very different but equally important aspects:
- Parental rights: We advocate on your behalf to ensure your parental rights are established and protect your relationship with your child during a divorce.
- Adoption: If your family is formed through legal adoption, we can help you understand how it affects the legal proceedings in your case. This includes guidance on court custody and rights concerning your children, as well as arrangements for child support.
- Nonbiological children: If your bond with your child, whether adopted or otherwise, feels very strong – regardless of biological connection – you will need lawyers who are tenacious in ensuring your parental rights are legally protected.
- Property division: Dividing the assets in same-sex divorces is frequently the most challenging part, particularly if all the property and finances are combined long before marriage even came about. Our divorce lawyers with high-asset experience understand how to accurately determine and divide the value of executive salaries, company stakes and pensions.
- Child support: We ensure your child support calculations accurately reflect your financial situation, your spouse’s income and your children’s needs.
- Child custody: We assist you in creating child custody agreements and visitation schedules that clearly outline when and where each parent will be with the children, as well as the allocation of decision-making responsibilities.
To file a same-sex divorce in West Virginia, some prerequisites need to be established, with one concerning the type of court that has jurisdiction over your matter and the second relating to the residence of one or both married parties.
If you were married in West Virginia, you or your spouse need only be a bona fide resident of the state at the time of filing; however, if you were married outside of West Virginia, at least one party must have resided in the state continuously for at least one year before filing.
Understand Your Rights During Same-Sex Divorce In West Virginia
As your legal allies, we are here to address the questions that keep you up at night and help you understand exactly where you stand under West Virginia law. Below, we address the most common questions our clients ask about same-sex divorce.
Are the divorce laws the same for same sex couples and opposite sex couples?
West Virginia applies the same divorce laws to all married couples, regardless of sexual orientation. However, same-sex couples often face unique situations that require careful handling. First, parental rights may be complicated if only one partner legally adopted children or if children were born through assisted reproduction.
Additionally, since same-sex marriage only became legal in 2015, many couples many couples built their lives together for years beforehand. You may have shared income, bought property together or made major financial decisions long before you could legally marry. This timeline can make it harder to determine what counts as marital property and how to handle support payments.
Do same sex couples have different divorce rights than other couples?
Same-sex couples have the exact same divorce rights as opposite-sex couples. You have the right to fair property division, spousal support if appropriate, and equal treatment throughout the entire process. That said, exercising those rights can sometimes take more work for same-sex couples, particularly when it comes to parental rights or untangling finances from a relationship that predated legal marriage.
Can one spouse file for divorce if the marriage took place in another state?
Where you got married does not determine where you can file for divorce. What matters is where you currently live. As long as you or your spouse meet West Virginia’s residency requirements, you can file for divorce in West Virginia regardless of where your marriage took place.
What if we were married in a state that did not originally recognize same sex marriage?
Your marriage is still valid. The Supreme Court’s 2015 ruling in Obergefell v. Hodges requires all states to recognize same-sex marriages, regardless of where or when they took place. This means every state in the U.S. must recognize your marriage and will treat your divorce the same as any other.
What issues are involved in dividing property in a same sex divorce?
West Virginia divides marital property equitably, meaning the court aims for a fair split between both spouses. This applies to same-sex couples just as it does to any other married couple.
The added complexity for same-sex couples often comes down to timing. If you and your spouse shared finances, bought property or built assets together before marriage became legal in 2015, determining what counts as marital property can be complicated.
How is spousal support handled in a same sex divorce?
West Virginia courts handle spousal support the same way for same-sex couples as they do any for other married couples. They look at each spouse’s income, earning ability and the length of the marriage.
The challenge for some same-sex couples is that the legal marriage date may not reflect how long you actually built a life together. If you were in a long-term relationship or domestic partnership before same-sex marriage became legally recognized, those years may not automatically count.
Children can also play a role in spousal support decisions. Same-sex couples may have adopted together, used a surrogate or worked with a donor, which can raise questions about each parent’s legal rights and how custody arrangements factor into support decisions.
Can same sex divorce affect child custody?
West Virginia courts always base custody decisions on the best interests of the child, regardless of the parents’ sexual orientation. Where things can get more complicated is when both parents do not share the same legal relationship with their children.
If one parent is the biological parent and the other is not, some courts may weigh that difference when making custody decisions. When both spouses have legally adopted their child, or when one spouse is the biological parent and the other has legally adopted, both parents carry equal legal rights to that child.
When both parents share equal legal standing, courts can apply the same custody criteria used in any other divorce if the two of you cannot agree on a parenting plan. Speaking with an attorney early in the process can help you understand your rights and take the right steps to protect your relationship with your children.
Contact Our Charleston Office Today
You are not alone in facing this challenge. When you reach out to Lyne Ranson Law Offices, PLLC, one of our attorneys will attentively listen to your experience, assess the details of your situation and develop a strategic plan tailored to your needs. Let our compassionate and knowledgeable LGBTQ divorce lawyers assist you throughout this transition, from beginning to end. For help moving forward, contact Lyne Ranson Law Offices, PLLC, today at 304-932-0591 or use the online contact form.