Same-Sex Divorce Issues In Wisconsin
With the recent recognition of same-sex marriage in Wisconsin, there has been a host of novel legal issues on how to address the unique situations facing same-sex families. As the law in this area continues to evolve, LGBTQ+ couples need a strong partner in maneuvering this always changing legal environment.
At Nelson, Krueger & Millenbach, LLC, we have years of experience resolving divorce matters and know what specific issues same-sex couples who are seeking to move forward with separate lives may face.
Whether you have concerns about property division, support, custody of children or are seeking a simple divorce, our lawyers can help. Set up a free consultation at our Milwaukee office online or call our attorneys at 414-939-0529.
Resolving All Issues That Arise In A Same-Sex Divorce
As in all marriages, same-sex/LGBTQ+ couples will encounter a variety of issues when divorcing. Depending on your unique situation, these areas can include:
- Child support
- Child custody
- Determination of parentage
- Spousal support
- Property division
- Debt division and more
At our firm, we strive to minimize conflict and avoid roadblocks. If the other side is unwilling to be reasonable, however, we are fully prepared to take your case to court to protect your rights.
Unique Divorce Considerations For Same-Sex Couples
Child Custody And Placement
Your parental rights are simply not as straightforward as they are for those in heterosexual marriages. In Wisconsin, under the marital presumption of parentage, a husband is the legal father of a child born to the wife during marriage. However, a patchwork of laws affecting same-sex couples across the country for decades has long made it difficult for gay and lesbian parents to gain equal parental rights. Your rights and obligations regarding child custody, placement and child support will hinge on whether the state recognizes you as the child’s legal parent.
Spousal Maintenance
The length of a marriage is a factor when it comes to awarding maintenance (also known as alimony) in Wisconsin. No gay or lesbian couples were married in Wisconsin prior to June 6, 2014, but some couples had married in other states where it was legal and returned or relocated to Wisconsin. So, if you were married in 2008 in Iowa, have you been legally married in Wisconsin since 2008 or 2014 when it became legal in Wisconsin? The answer to this question affects how much maintenance you could pay or receive. Additionally, the years spent in a marriage-like relationship pre-2014 could be considered by the court as part of the length of the relationship when deciding the issue of maintenance.
Property Contracts
Prior to the 2014 ruling, some same-sex couples took matters into their own hands. Without the right to marry and gain protection under family laws, some couples entered into written property agreements. You will need to understand how any premarital property agreements could come into play in your divorce.
Saving You Time And Money
Many couples come to us seeking a simple divorce and nothing more. If you are looking for a clean break and both sides can agree on most issues, then a collaborative divorce or mediated divorce could be possible. During a collaborative divorce, you are allowed to craft your own divorce decree without having to involve the courts or a judge at all. This process allows you to be creative and gives you flexibility in deciding not only your future but the future of any children you may have, instead of leaving things to a judge who has never met you and does not understand your needs. In a mediated divorce, our role is to be a neutral to assist couples in resolving all divorce related issues, to prepare all necessary legal documents, and to help couples navigate the legal process.
Consult With Us Regarding Any Same-Sex Divorce Concerns
Serving clients throughout the Milwaukee, Wisconsin, area, we know how to help you through any same-sex divorce issues you are facing. Call our Wauwatosa office at 414-939-0529 or fill out the online form for guidance from one of our same-sex divorce lawyers.