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(801) 254-9450 (801) 254-9450 Divorce affects every part of a person’s life, regardless of their sexual orientation or gender identity. LGBTQ+ couples often face the same legal issues as other divorcing couples, but they may also encounter some unique challenges. This is true despite a series of court decisions affirming that marriage equality is the law of the land, including the right to divorce.
A Midway LGBTQ+ divorce lawyer from our team could help protect your parental rights, financial interests, and long-term stability throughout the divorce process. At Carr | Woodall, our compassionate divorce attorneys are here to answer any questions you have and guide you through the process.
Utah applies the same divorce laws to LGBTQ+ couples as it does to other married couples, including residency requirements for initially filing for divorce. Generally, at least one spouse must have been a resident of the state and a continuous resident of the county where you plan to file for at least three months (90 days) immediately prior to filing.
It is important to understand that the spouse filing for divorce does not need to be the same spouse who meets the residency requirement for the case to proceed. Our LGBTQ+ divorce attorneys in Midway could help you understand this and other requirements to begin divorce proceedings between you and your spouse.
Parental rights are often one of the most emotional and legally complicated issues in LGBTQ+ divorces. Utah courts focus primarily on the child’s best interests when making custody and parent-time decisions. However, determining who legally qualifies as a parent in LGBTQ+ marriages sometimes creates additional disputes and complications during divorce proceedings.
A biological parent usually has automatic legal rights. Problems can arise when the other parent did not complete a formal adoption or legal parentage process. Even when both parents have raised the child from birth, legal standing may be contested if one parent lacks formal legal recognition.
This is often a point of contention among same-sex couples. If you are a Midway resident dealing with complicated parental rights questions following the breakdown of an LGBTQ+ relationship, our divorce attorneys are ready to help.
Some of the most serious mistakes LGBTQ+ couples in Midway should avoid when divorcing and seeking legal representation include the following.
One of the most serious errors is assuming that both parents automatically have equal legal rights. If legal parentage was never formally established, a custody dispute may become more complicated.
Parents sometimes make temporary custody arrangements without court approval while a divorce is pending. These informal arrangements may lead to disputes over parenting time, decision-making authority, or the child’s primary residence.
Divorce often creates anger and frustration, especially when custody or financial disputes become heated. It never helps your case to send angry texts or discuss personal details on social media that could be used against you if your divorce case becomes contested and has to head to court.
If you are facing the end of a relationship and are concerned about protecting your rights as queer individuals, you should seek the guidance of a skilled legal professional. At Carr | Woodall, our team could provide the compassionate counsel you deserve, understanding the biases that often arise for LGBTQ+ people. Contact a Midway LGBTQ divorce lawyer from our team today to get started.