While LGBTQ divorce is governed by the same family laws as other marriages, certain legal rights related to key issues can present uncertainties. Matters such as parenting time, decision-making responsibility, child support, and other critical concerns may be more complex in these cases.
An Oakville LGBTQ divorce lawyer understands the emotional and financial challenges that accompany divorce. Our team can guide you through each crucial step of the process, helping you navigate any legal complexities while ensuring you are fully informed of your options at every phase. Call now to begin working with a trusted divorce lawyer.
Although the same legal framework applies to LGBTQ divorces, the process can differ for same-sex couples. Asserting rights related to decision-making responsibility and parenting time often introduces unique obstacles.
Decision-making responsibility encompasses the legal authority to make significant decisions affecting a child’s life and welfare, while parenting time refers to the right to spend time with the child. When only one spouse is the adoptive or biological parent, disputes over these rights can emerge prominently during the divorce proceedings.
While it is possible for a non-legal parent to secure parenting time, it is ideal for both spouses to establish legal parenthood prior to filing for divorce, assuming they wish to co-parent following the separation. Child support also remains a crucial matter that requires resolution in these situations.
Even when legal recognition of each party’s parental role is not an issue, other significant matters may arise in an LGBTQ divorce that are best addressed with the support of an Oakville lawyer. For instance, one primary factor in determining spousal support eligibility is the duration of the marriage. Same-sex couples gained the legal right to marry only about two decades ago, which may mean that the length of their committed relationship exceeds the duration of their marriage.
Due to these legal nuances, the division of assets can also be contentious, as the marriage’s duration plays a critical role in defining what constitutes net family property.
An Oakville lawyer can ensure all legal requirements are met to initiate LGBTQ divorce proceedings while striving for favorable resolutions. To obtain a divorce, the couple must be legally married, and at least one spouse must have resided in Ontario for a minimum of one year prior to filing.
Ontario law employs a no-fault approach to divorce, meaning that an irretrievable breakdown of the marriage serves as sufficient grounds to commence proceedings. The court can grant a no-fault divorce after the couple has been separated for at least one year.
Additionally, the marriage must have taken place in Canada or be deemed legally valid in another country for the divorce to proceed. If a couple married in Canada due to restrictions in their home country that prevent same-sex marriage and does not meet residency requirements, specific legal exceptions may apply to facilitate the divorce.
If you are a member of the LGBTQ community navigating divorce, the team at The Riley Divorce & Family Law Firm is here to assist you. We recognize the diverse family law issues you may encounter and are prepared to advocate for you in both contested and uncontested divorce scenarios.
While the legalization of same-sex unions has led to an increase in LGBTQ divorces, many existing laws continue to prioritize heterosexual marriages and can be outdated. By enlisting the expertise of an Oakville LGBTQ divorce lawyer who is well-versed in these nuances, you can be confident that you have a dedicated advocate focused on your concerns and committed to achieving the most favorable outcome for your case. Contact us today to schedule a consultation and explore the next steps for your situation.
Now you can have your Consultation with Paul Riley any time from the comfort of your own home. With video calls from Zoom, your Team at The Riley Divorce & Family Law Firm can meet with you virtually, and learn about your case. All you need is a smartphone, tablet, laptop, or desktop with a built-in camera and microphone.
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