Noblesville Same Sex Divorce Attorney
In Indiana, same-sex marriages are legally recognized, which means same-sex divorces follow the same legal framework as any other divorce. However, issues related to property ownership, child custody and spousal support can sometimes be more complex due to the relatively recent legal recognition of these unions.
I am Scott Smith, an attorney at Smith Legal LLC with over 20 years of experience guiding Hamilton County and Central Indiana families through divorce. As a parent, husband and mediator, I focus on solutions that protect your rights and future.
How Same-Sex Divorce Differs From Traditional Divorce
Below are some specific challenges that couples may encounter:
- Marriage recognition issues: If your marriage was performed in another state or country before same-sex marriage was legalized nationwide, determining the official start date can impact asset division and spousal support.
- Parental rights and child custody: For couples who built a family together, legal parentage can become a concern, particularly if only one spouse has a biological connection to the child or if legal adoption was not completed.
- Asset division challenges: Property acquired before same-sex marriage became legal might present unique legal questions as courts determine what qualifies as marital property.
I work closely with clients to develop personalized strategies that uphold their interests and rights under Indiana law.
Child Custody Considerations For Same-Sex Couples
When same-sex parents separate, the best interests of the child always come first. If both parents have legal parental rights, custody is determined using the same criteria as any other divorce. However, complications may arise if one parent is not the biological or legally recognized parent.
Do You Need To Go To Court To Get Divorced?
Not every divorce requires a courtroom battle. Mediation and negotiation can often lead to an amicable resolution, saving time and stress. I offer skilled mediation services, helping couples reach agreements on property division, custody and support without unnecessary conflict. However, when litigation is necessary, I am a lawyer fully prepared to advocate for you in court to secure the best possible outcome.
How Smith Legal LLC Can Help Same-Sex Couples Through Divorce
My goal is to simplify the process so you can focus on healing. Recognized by Super Lawyers (2020-2024) and trained in mediation, I have spent 20 years helping clients navigate high-conflict divorces. My approach includes listening first, then crafting strategies that honor your priorities.
Please take advantage of my free 15-minute consultation. Call Smith Legal LLC via CALL or fill in the online form today to discuss your situation.