Nashville Same Sex Divorce Attorneys

Couples going through a divorce experience a unique set of circumstances that makes each proceeding different. Although certain issues that arise in any divorce are similar, same-sex couples ending their marriages may have additional considerations to contemplate. This is especially true if they are going through a late-life divorce after spending most of their relationship unable to officially marry. The Nashville divorce lawyers at Martin Heller Potempa & Sheppard, PLLC understand the nuances that accompany settling same-sex divorces. We represent each client with compassion and vast experience. We make sure to advocate in their best interests throughout the proceedings. If you have questions regarding your rights and options in a divorce, contact our office today.

Issues That Often Arise in Same-Sex Divorces

As stated, most same-sex divorces are carried out in the same manner as any other divorce. However, there may be additional unique circumstances due to some couples having lived together for years before marriage. For instance, dividing a couple’s assets can become complicated. If only one spouse originally owned the pre-marital property, the couple may see it as jointly owned property post-marriage. In many cases, property may still qualify as separate property rather than marital in the eyes of the law. This can happen to property that a couple purchases before marriage, even while the couple is together. As a result, we will take additional care to reach an equitable outcome, including:

  • Custody determinations in situations in which only one parent is the biological mother or father of a minor child.
  • The classification of any pre-marital joint banking accounts or investments.
  • Spousal support considerations regarding any contractual holdings obtained before the marriage.
  • The timing and status of a family home purchase. Usually, if a couple purchases a home in Tennessee during a marriage, it is marital property. This is true even if only one spouse’s name is on the deed. However, it is different if a same-sex couple purchased a house before being allowed to legally marry. If there is a disagreement regarding ownership, courts must decide the property’s status. This includes who retains the residence.
  • Premarital contracts must be analyzed concerning whether or not these can be considered pre-nuptial agreements.

How Does a Domestic Partnership Affect Divorce?

The existence of a domestic partnership before marriage may also be considered in court proceedings. It helps the court determine whether the property should be considered a marital asset. Since this area of family law is relatively new, attorneys must be careful in crafting arguments. We will pay close attention to detail as extensive legal research is often necessary. Sometimes other areas of law must be investigated to address key issues involved in a same-sex divorce. Consulting a knowledgeable divorce attorney is important to make sure that your best interests are served throughout the divorce process.

Our Attorneys Represent Same-Sex Couples in Divorce

A divorce is an emotional and stressful process. It’s only made worse by additional burdens from a same-sex couple’s relationship not being recognized throughout its entirety. They may need to reach decisions regarding sensitive issues such as:

  • Child custody
  • Child visitation
  • Child support
  • Spousal support

Considering all this means that your situation may become more complicated. We understand the unique issues that same-sex couples face when deciding to end a marriage. We are dedicated to making sure that the proceedings are as fair as possible.

If you need legal assistance with a same-sex divorce, or with any other family law matter, contact our offices in Nashville and Springfield today for more information.

We Can Help

If you need legal assistance regarding divorce for same sex couples matters, contact us online or call us at (615) 800-7096 today for a consultation with an experienced attorney.

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