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Exploring Uncontested and Contested LGBTQ+ Divorce in Michigan

Exploring Uncontested and Contested LGBTQ+ Divorce in Michigan

No divorce is easy, but LGBTQ+ couples in Michigan often face additional legal challenges related to past discrimination. These challenges often involve complex topics like child custody and adoption, division of marital assets, and financial benefits that LGBTQ+ couples could not access until relatively recently, such as retirement plans. In a contested divorce, these issues can lead to complicated, heated disputes that require skilled legal representation to work through.

At Selleck Legal, PLLC, we understand the unique legal issues LGBTQ+ couples face in both contested and uncontested divorces. Our Plymouth LGBTQ+ divorce lawyers have helped many Michigan couples find fair, amicable resolutions to these thorny legal questions.

Contested vs. Uncontested Divorces

A contested divorce happens when spouses can’t agree on important issues like property division, child custody, or support. This type of divorce often involves going to court, where a judge makes the final decisions. An uncontested divorce, on the other hand, occurs when both spouses agree on all major issues. This makes the process faster, less expensive, and less stressful, as it usually doesn’t require a court battle.

Common Issues in Contested LGBTQ+ Divorces

Contested LGBTQ+ divorces can bring unique challenges that differ from those faced by other couples. Here are some common issues these couples might encounter:

  • Property Division: Many LGBTQ+ couples lived together and shared property before same-sex marriage was legal. Determining what counts as marital property in these situations can be complex, especially if the couple combined their assets long before their legal marriage.
  • Child Custody: Child custody issues can be particularly challenging for LGBTQ+ couples. If the couple adopted a child together, or if only one spouse is the child’s biological parent, decisions regarding custody and visitation rights can become complicated and heated. Courts are legally bound to consider the child’s best interests, but making these decisions can be emotionally draining for the families involved.
  • Spousal Support: Calculating spousal support might be tricky if the couple lived as though they were married before their legal marriage. Courts may need to consider the length of the entire relationship, not just the legal marriage.
  • Legal Recognition: Issues can arise if the couple married in a different state or country where same-sex marriage was legal before it became legal nationwide. The recognition of their marriage duration might vary, which can impact divorce proceedings.
  • Discrimination: Unfortunately, LGBTQ+ couples may face bias or discrimination during the divorce process. It’s crucial to have a supportive legal team who can ensure fair treatment.

How We Can Help You Work Through the Challenges in an LGBTQ+ Divorce

At Selleck Legal, PLLC, we know a contested divorce can be particularly hard for LGBTQ+ couples. Whether you’re facing issues related to child custody, division of marital assets, spousal support, or discrimination in the legal system, we can help you address these challenges and find a workable solution. Count on us to provide compassionate, comprehensive legal representation during this tough period in your life.

The Selleck Legal, PLLC, team can guide you through the legal maze of a contested LGBTQ+ divorce or help you with an uncontested one. Call us today or complete our contact form for a free consultation.

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