Children in a Same-Sex Divorce in Nevada
Because same-sex divorce is relatively new in the United States, your case may present new issues to the local court. The court may look to you to make legal arguments about how the court should decide issues of child custody, parenting time, spousal support, and property division. You should be prepared to research existing laws and case authority to argue for the correct result under the law.
One of the ways that an experienced attorney can help you is by using their legal expertise to help the court understand the nuances of same-sex divorce. When the court is going to rely on legal research and carefully drafted legal arguments, your attorney needs the legal training to make compelling arguments to the court. Same-sex divorce is an emerging area of law. Your attorney for same-sex divorce can help you handle the intricacies and details that can make the difference in getting a fair outcome in your case.
Challenges in Nevada Same-Sex Divorce
In a same-sex divorce, it’s common for the parties to have a long-term relationship before they enter into a marriage agreement. The existence of a previous relationship before the marriage can somewhat complicate the issues in divorce. Some judges see a long-term relationship followed by a short-term marriage as just that — a short term marriage. They believe that the circumstances surrounding the division of communal property should consider what happened only during the period in which the parties knowingly entered into a legally binding relationship.
Other judges see the situation as more complex. They believe that when a long-term relationship precedes a short-term marriage, the court should consider the contributions of the parties before the marriage took place. It’s critical to address the unique facts in your case so that the court considers the correct issues and makes a just and favorable ruling in your case.
Child Custody in Same-Sex Divorce in Nevada
One issue that is still questionable in same-sex divorce cases is determining child custody. Typically, when a parent has a child in a same-sex relationship, the other spouse adopts the child. Alternatively, the parties may exercise a co-parenting agreement to establish parental rights and obligations. If there is a legal adoption or a valid co-parenting agreement, both parents have the right to custody of the child. In addition, both parents have the obligation to provide financial support for the child. Each parent must argue that the best interests of the child favor their proposed child custody order.
What happens when the same-sex spouse hasn’t adopted the biological child? The answer is less clear. In the case of a biological parent, they are presumed to be the legal parent of the child. When same-sex couples divorce, the court may need to review Nevada law and legal precedent as it pertains to existing Nevada parental rights laws and constitutionally-mandated equal rights for all divorcing couples. Our Nevada same-sex divorce attorneys are here to fight for your rights.
Contact Our Nevada Same-Sex Divorce Attorneys
Are you considering a divorce in Nevada? We know that divorce is never easy. That’s why we offer compassionate, aggressive legal services at an affordable price. We offer legal services that are tailored to meet your needs as we work together to help you reach the best possible result in your case.
Whether you’re considering filing for divorce or you’ve already begun the process, we invite you to come meet with our team. We offer no-fee, no-obligation consultations so that you can learn about your case and what your options are under Nevada law. Call us today.
