Las Vegas LGBTQ Divorce Attorney
While there has been incredible progress in legislation related to the LGBTQ community in recent years, members of that community still commonly encounter many challenges when facing family law issues such as divorce. Our Las Vegas LGBTQ divorce attorney understands these challenges, and has the necessary experience to overcome them so you obtain the best possible outcome.
Property Division Issues in an LGBTQ Divorce
Nevada is a community property state. This means that all marital property is considered community property and therefore, both spouses have an equitable right to it. In many cases, this means that marital property is divided 50/50. Marital property refers to any assets or liabilities acquired by the couple during the marriage. Separate property refers to any property acquired prior to the marriage. Classifying separate and marital property is a complex issue in any divorce case, but it is even more difficult in LGBTQ divorce cases.
LGBTQ marriages have only been legal for a little under a decade in Nevada. Before that time, many members of the community lived together as a married couple for a long period of time, even though they were not legally married. Some family law judges will only consider the actual length of the marriage when classifying and dividing property. On the other hand, many judges also know that the issue is far more complex than that. These judges may believe that when a short-term marriage follows a long-term relationship, additional property should be considered.
One of the main reasons to work with an LGBTQ divorce is because they will be familiar with the different judges in Las Vegas. Knowing which judge you will be facing can help you better prepare your case and give you the best chance of obtaining the successful outcome you deserve.
Child Custody Issues in an LGBTQ Divorce
When couples divorce and they are of the opposite sex, it is presumed that they are both the biological parents of the children. The court will then determine child custody and create a parenting plan that allows children to spend as much time as possible with each parent. This is considered to be in the best interests of the child.
Unfortunately, this is not always the case in LGBTQ divorces. Sometimes in these relationships, only one spouse is the biological parent of the child. If the other spouse has adopted the child, they will have the same parenting rights as the biological parent. When the other spouse has not adopted the child, though, it can create real complications. The court may need to review legal precedent and Nevada law to determine the fairest outcome.
Our LGBTQ Divorce Lawyer in Las Vegas Can Help You Overcome These Challenges
If you are a member of the LGBTQ community and are now getting a divorce, you may face certain challenges. At Ghandi Deeter Blackham Law Offices, our Las Vegas LGBTQ divorce attorney has the necessary experience to help you overcome them and obtain the fair settlement you are entitled to. Call or text us now at 702-878-1115 or chat with us online to schedule a consultation and to learn more.
