Overcoming The Unique Challenges Faced By The LGBTQ+ Community
As any member of the LGBTQ+ community can tell you, same-sex marriage has been legal in Minnesota since 2013 and nationwide since 2015. However, many of the laws concerning divorce and adoption have not been updated and create unique challenges for same-sex couples.
At Sekula Law Offices, PLLC, I have extensive experience helping members of LGBTQ+ community deal with family law issues. I am Amanda Sekula, and I know the case law related to same-sex couples. I understand how to navigate the legal system and avoid the pitfalls inherent in the current legal code. I take a hands-on approach and make sure my clients have a full understanding of the legal process.
Same-Sex Divorce In Minnesota
Minnesota divorce laws treat same-sex spouses the same as opposite-sex spouses. Division of marital assets and determining whether spousal support is appropriate are handled more or less the same. However, when children are involved, things can get complicated.
Minor children from previous relationships are often brought into same-sex marriages. Unless a second-parent adoption took place prior to the divorce filing, the non-biological parent often has difficulty establishing parental rights and risks losing custody. It’s important to have an attorney with the skills and experience to protect your rights during the divorce process.
Adoption For Same-Sex Couples And LGBTQ+ Individuals
When same-sex couples decide to have children, it is important to establish a legal parent-child relationship through adoption. Even if a child is born during the marriage and both spouses are listed on the birth certificate, it does not establish a legal relationship between the non-biological parent and the child. Depending on your situation, there are several adoption alternatives, such as:
- Foster care adoption
- Independent adoption
- Infant adoption
- Second-parent adoption
I can help you review your options and determine what makes the most sense for your unique situation.