Divorce is a stressful process for everyone, but for LGBTQ+ divorcees there are many additional factors to consider. Even some of the simplest steps of the process, like listing the parties involved in the case, can prove complicated for LGBTQ+ couples. Beyond that, with legal threats to LGBTQ+ individuals spreading across the country and the Supreme Court overturning rights that have existed for decades, the legal landscape can be hard to navigate so having an attorney equipped to handle these issues is incredibly important.
Every case is different, but one of the biggest concerns an LGBTQ+ divorcee will probably have is whether they will be treated fairly by the legal system. Especially for an LGBTQ+ individual divorcing a cisgender and heterosexual individual, the fear that you will be treated differently because of your sexual orientation or gender identity is hard to shake. Legally, sexuality and gender cannot be considered in divorce and custody cases, but sadly that does not mean that there is no discrimination in the legal system.
Bias: Ultimately, the law is interpreted by judges, judges that have their own biases.
Unintended Consequences: Additionally, while sexuality is not considered in a case, sexual actions during a marriage can be financially disastrous.
Special Considerations: Any LGBTQ+ individual contemplating divorce should ensure that their lawyer understands how these issues will impact their case.
The Geller Law Group has expert litigators available to help you navigate your divorce. Please reach out to schedule a consultation.
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