We Assist With LGBT Family Law Issues
As recently as 2017, state lawmakers in North Carolina proposed a bill that prohibits same-sex marriage. For now, the 2015 U.S. Supreme Court ruling legalizing same-sex marriage in North Carolina remains the law. This means same-sex couples enjoy the same benefits as heterosexual couples in terms of marriage, and they are subject to the same laws and obligations that accompany divorce matters.
At Ellis Family Law, P.L.L.C., we welcome the opportunity to assist members of the lesbian, gay, bisexual and transgender (LGBT) community throughout the Triangle area with legal matters relating to family law or estate planning.
Meet With A Lawyer Who Understands The Issues You Face
We are proud to serve the LGBT community. To schedule a consultation with a knowledgeable attorney, call in Durham, Pittsboro or Wake Forest at , or use our online contact form to schedule a meeting.
Frequently Asked Questions about LGBT Family Law Issues
Are same-sex divorces handled differently in North Carolina?
As long as the couple participated in a valid marriage ceremony, a same-sex divorce is no different than any other.Β If they did not, the laws regarding marriage do not apply and we are applying contract laws instead to the dissolution of the relationship.
What are the residency requirements for divorce in NC?
One party must live in the State of NC for at least six months before the court has jurisdiction to enter an absolute divorce judgment.
How does custody work for LGBTQ+ parents?
Custody works in the same way it would for any other couple if both parents have been recognized as the legal parents of a child (i.e., the non-biological parent has adopted the child) or the parents were married at the time the child was born.Β If not, then the person who is recognized as the legal parent has superior rights to custody and the non-legal parent would be a third party having to show that the legal parent is unfit or waived their parental rights through some action.
What if we were together for years before marriage was legal?
Β All rights from a marriage will start from the date of the legal marriage.Β These rights involve equitable distribution and spousal support.
Can a non-biological parent seek custody or visitation?
Yes, a non-biological parent can seek custody if they are the legal parent (adopted the child) or if they can show they have a parental relationship and the legal parent is unfit or has waived their parental rights through some action.
How can LGBTQ+ parents protect themselves before divorce
Ensuring that both parties are considered the legal parents of the child through either a second parent adoption or consent order agreeing to both parents having custodial rights will help secure custody protections in case of a future separation or divorce.