Fayetteville Same Sex Divorce Lawyer

A same sex divorce can present complex property and financial issues. Parenting can also be an issue, even in cases where couples are raising a child together and in cases where the non-biological parent had no legal relationship to the child. A Fayetteville same sex divorce lawyer can help with property division, custody, support, and enforcement.

Bundy Law approaches these cases with care and a full understanding of the rights of all parties, to ensure marital and parental interests are determined correctly and fairly under Arkansas law.

Hire a Same Sex Divorce Lawyer

​​Bundy Law practices family law and similarly represents same-sex divorce cases involving significant legal and financial issues. Bundy Law provides legal representation to clients in complex matrimonial property matters and parental rights and support issues.

The firm’s family law attorneys in Fayetteville have experience with sophisticated matters, and some maintain advanced professional designations, including memberships in the International Academy of Family Lawyers and the American Academy of Matrimonial Lawyers.

Divorce Trends and Legal Considerations for Same Sex Couples

Same-sex marriages represent an increasingly common category of family law cases across the United States. The U.S. Census Bureau reports over 710,000 same-sex married households nationwide. As more same-sex couples marry and later divorce, courts are continuing to apply existing legal principles to issues of asset division, support, and parenting.

Arkansas uses the same divorce laws for all couples, regardless of sexual orientation. Depending on how a same-sex couple has structured their relationship and finances, however, there can still be unique factual and legal issues in these cases. It can be helpful to understand how these cases are analyzed when going through a divorce in Fayetteville.

Addressing Assets and Contributions Made Before Legal Marriage

Financial matters for same sex divorces may be complicated when property or income considerations began before the legal date of marriage. This can take the form of property purchases, business investments, income arrangements, or intertwined responsibilities that began prior to marriage but continued after the date of marriage.

While only the period of legal marriage is presumed marital under Arkansas law, the court will consider the full financial background as of the legal marriage date in relation to the disputed arguments and claims.

Parental Rights and Custody in Same-Sex Divorces

Same-sex divorces that include children may present legal issues with a parent’s rights. The issues may be related to questions about adoption, assisted reproduction contracts or arrangements, or whether the non-biological spouse was a parent during the relationship. Determining or protecting parental rights may require additional analysis beyond what is typically done in custody cases.

Fayetteville courts generally focus on legally established parentage and the child’s best interests, which may not align with caregiving arrangements made during a relationship. Legal advice on these issues early on is important to ensure that parenting time, decision-making, and support issues are established and legally enforceable in Arkansas.

Jurisdiction and Residency Issues in Same-Sex Divorces

Jurisdiction issues can also arise in same sex divorces. Couples may have married in another state or jurisdiction, lived or worked in different states or jurisdictions, and then established residency in Arkansas. Arkansas has clear rules regarding residency requirements for divorces, including:

• 60 days of residency in Arkansas by one of the spouses before filing
• At least three months of residency by one of the spouses before a decree of divorce may be entered
• Proof of residency through testimony, typically corroborated by another witness

These rules apply even if the parties were married in another state or jurisdiction. It is helpful to address jurisdiction early on so that you are not delayed or your filing challenged in the Fayetteville courts.

FAQs

Does Arkansas Treat Same-Sex Divorces Differently From Other Divorces?

Arkansas divorce law does not treat couples differently depending on their sexual orientation. The laws used in a same-sex divorce are the same as in any other divorce. Same-sex divorces often present the same issues as other divorces, such as financial arrangements or parenting issues, but the facts can be more complicated. This means that the law itself remains the same, but the history of a same-sex relationship may warrant more analysis.

How Common Is Divorce in Arkansas?

Arkansas has a divorce rate of 3.0 per 1,000 population, which is above the national average of 2.4 per 1,000. This rate is not specific to same-sex or opposite-sex marriages but indicates how often courts must handle divorce and related issues, such as property, support, custody, and other potential issues.

Do Both Spouses Automatically Have Parental Rights in a Same-Sex Divorce?

No, both spouses do not automatically have parental rights in a same-sex divorce. Parental rights are based on legal parentage, not on who acts as a parent. Adoption orders, birth certificates, and court determinations are often involved. A spouse who acted as a parent may sometimes still require legal recognition to safeguard rights. These matters can become critical when the relationship breaks down and when the need for formal orders arises.

Where Are Same-Sex Divorce Cases Handled in Fayetteville?

Same-sex divorce cases in Fayetteville are generally filed in the Washington County Circuit Court. The Washington County Circuit Court applies the same Arkansas family law statutes to all divorces, and judges consider the evidence in each case to determine property division, child custody, and support issues. Understanding how these cases are reviewed can help you prepare your filings and navigate any legal issues you may encounter.

Contact a Fayetteville Same Sex Divorce Lawyer

Same-sex divorce can present a number of legal and financial challenges. From property and support matters to parental rights and jurisdictional issues, the nuances of Arkansas law must be carefully considered.

When faced with the end of a marriage, Bundy Law’s divorce lawyers in Fayetteville provides representation in same-sex divorce matters in a deliberate, detail-focused way. Schedule a consultation to learn more about your situation and how your rights and interests might be protected under Arkansas law. Hire an experienced same sex divorce lawyer from our firm today.