Duties and Responsibilities of an LGBTQ Divorce Attorney

Duties and Responsibilities of an LGBTQ Divorce Attorney

An LGBTQ divorce attorney must be able to work on a range of sensitive cases. It includes cases involving child custody. Child custody issues are among the most critical problems in an LGBT divorce. It is because the same-sex couple has welcomed a child into their lives.


The rights you have in a divorce as a member of the LGBTQ community may be a concern. After all, divorce may be highly stressful, especially if you and your partner are of the same sex. To help you navigate the divorce process and protect your legal rights, you should speak to an experienced LGBTQ divorce attorney NJ.

More LGBTQ couples may need legal representation for their marriages and family law issues. In Wisconsin, the marriage equality law went into effect in October 2014. It could include property division and children. In some cases, a trained mediator may be needed to help the two parties work through their differences.

Qualifying factors

When looking for a qualified LGBTQ divorce attorney, there are some factors you should consider. Because gay and lesbian couples are more likely to marry later in life, they often have more assets than straight couples. It makes prenuptial agreements especially important, as they can clarify each party’s rights to assets.

First, you should know that the laws governing Same-sex divorce vary widely. In Illinois, Same-sex marriages are still rare. Many people may not be used to dealing with these cases. You can use the experience of a professional Same-Sex divorce attorney to clarify your rights and obligations under the law.

Second, you should understand that LGBTQ couples often cohabitate before getting married. It means that they have more assets and can face complicated asset division. It complicates the division of assets in a same-sex divorce. Fortunately, if you and your spouse have a prenuptial agreement, this can help prevent any issues regarding property division.

Child custody

Children of same-sex couples and their parents face unique child custody issues. These parents must understand how their child’s custody arrangements affect them. Courts will not award custody based on the parent’s gender and will consider factors such as marital assets uniquely.

As a child custody advocate, you can advise parents navigating custody disputes. You’ll need to affirm the children of your LGBTQ clients and resist the temptation to let your feelings play out in court. After all, the best interest of the child is what matters.

Child custody is a particularly tricky area of the law. Different states have different rules for dealing with this issue. While one may be granted sole custody of the child, another may be allowed joint custody and minimal visitation with the non-biological parent.


When drafting a parenting plan for your child, you need a strong parenting plan that spells out visitation duties and responsibilities. Visitation rights can include overnight stays on certain weekends or 1-3 evenings a week. You may also request extended time with the child on special occasions.

Establishing parentage can be challenging for parents who are not biologically related to their children. Depending on the state, you may have no legal standing to receive visitation rights. Even if you’re not biologically related, you’ll need to establish legal parentage to protect your child’s welfare. A family law attorney can help you select the correct legal parentage.

A skilled LGBTQ divorce attorney can represent parents with children from a nontraditional marriage. It is particularly true for nontraditional couples who have never been legally married. These parents may face complex child custody issues far more complicated than a traditional divorce.