LGBTQ Legal Help for the Divorce Process
Same-sex marriage has been legal throughout all of the states in America, including Nevada since the US Supreme Court ruled to recognize the union as a fundamental right under the Fourteenth Amendment in 2015. This means that not only does the LGBTQ community have an equal right to become married just as opposite-sex couples do, but they also have an equal right to become divorced in the same way that opposite-sex couples do. If you are in a same-sex marriage looking for a divorce in Reno, an experienced family law attorney can help you navigate the gay and lesbian divorce process.
Types of Divorce
There are two types of divorce that a same-sex couple can file for in Reno, Nevada: uncontested divorce or contested divorce. In an uncontested divorce, the spouses agree to all the divorce terms. An uncontested divorce is also known as a joint petition. In a contested divorce, the spouses do not agree on the terms of their divorce and require a judge to make a final ruling.
The Paperwork
Several divorce forms must be completed to begin a divorce case in Reno, Nevada.
In an uncontested divorce, a same-sex couple must fill out and file the following documents:
- Joint Petition for Divorce
- Civil Cover Sheet
- Affidavit of Resident Witness
- Confidential Information Sheet
- Decree of Divorce
In a contested divorce, a same-sex couple must fill out and file the following documents:
- Complaint for Divorce
- Civil Cover Sheet
- Summons
- Confidential Information Sheet
- Affidavit of Resident Witness
A qualified Reno family law attorney can assist you in completing and filing the divorce paperwork.
What is Settled in an LGBTQ Divorce
Several aspects of a couple’s life must be decided during the same-sex divorce proceedings. This includes:
The Differences Between an Opposite-Sex and Same-Sex Divorce
Same-sex Nevada divorces and child custody are treated the same way as opposite-sex Nevada divorces. In the case that a same-sex couple has an adopted child together, the adopted children share the same rights in a divorce process as all children have in a divorce. Same-sex spouses who adopted their children before their marriage and only have one spouse as the child’s legal parent may have difficulty establishing custody of the children during divorce proceedings. A Reno family law attorney can help an LGBTQ couple gain custody of their children that is in the best interest of their children. Ultimately, Nevada gay and lesbian divorces follow the same process as opposite-sex divorces.
If you are in an LGBTQ marriage seeking divorce options, contact Carlson & Work’s knowledgeable divorce attorneys in Reno, Nevada at 775-386-2226.
