The face of Ohio’s law with regard to gay marriage, gay parenting, and other LGBT issues is constantly changing. As the law progresses, it becomes more and more complicated. Divorce, dissolution, custody, visitation, prenuptial agreements, and reproductive issues face the LGBT community as much as any other family, but with a different set of legal standards. The reality is that it is a new area for the courts and they struggle to apply the law correctly.
A divorce or dissolution can sometimes be accomplished in Ohio courts, depending on the judge hearing the case. It is typically more desirable to utilize a private judge, as there has been more success with that route.
Federal income tax issues also complicate the issues surrounding gay and lesbian divorce and property division. Same-sex couples who divide property pursuant to their divorce or dissolution may face federal taxes that do not apply to division of property when straight couples divorce. It is essential that you hire an attorney who is aware of the issues this could present and who knows how to mitigate any potential increases in tax burdens.
When children are involved, you may have issues of custody and parenting time. Even if you and your partner or spouse are happily residing together, it is important that you each protect your child’s best interest by taking the appropriate steps to secure legal standing. Ohio law will recognize shared custodial rights of same-sex partners, but this can be a difficult standard to meet. As the law develops, it becomes clear that written agreements are the most assured way to manifest an intent that same-sex parents stand on equal footing and should share equally in the upbringing of their children.
Whether you are facing issues of custody, divorce, support, or property division, our firm has the skills and experience needed to understand these topics and represent your best interest. When you need an attorney to help navigate these legal issues, turn to Edward F. Whipps & Associates. Our attorneys and staff will help you successfully transition to a bright and secure future.
Contact an Experienced LGBT Lawyer Today
If you need a LGBT friendly attorney, please contact Edward F. Whipps & Associates for help. You can arrange a confidential initial consultation at a mutually convenient time by calling our office at (614) 461-6006 or filling out this online contact form.
