Nashville Same Sex Divorce Lawyer
Same Sex Divorce Attorney In Nashville, TN
When facing divorce, most couples find themselves overwhelmed by Tennessee’s complex legal process. For LGBTQIA+ couples, this feeling can be amplified by the unique social challenges and legal barriers they may face. It is important to work with a Nashville same sex divorce lawyer with experience in LGBTQ divorce, so you can have the legal and emotional support you need.
Choose a Trusted Nashville Same Sex Divorce Attorney Today
The divorce process in Tennessee can be complex and arduous, especially for those who don’t understand their legal rights. As long-time Tennessee residents, the team at Mathis, Bates & Klinghard PLLC knows the real-life impact our cases have on our community.
Our goal is to make Tennessee’s legal process as accessible as possible for our neighbors and community members, so they can move forward in life. We value empathetic and honest legal care, working closely with our clients throughout the entirety of their case.
How to Start the Divorce Process in Nashville
In 2025, 823,000 married same-sex couples were living across the United States. Between 2014 and 2023, the South has had a huge spike in same-sex marriages, growing from 38% to 59%. In 2023, of all of the same-sex spouses in the United States, 53% were female couples and 47% were male couples. These couples deserve to access the same legal options as cishet couples, including divorce.
To start the divorce process, the hardest step is often the first step: broaching the topic with your spouse. Once you have decided to divorce, you can begin the legal steps. Most divorce cases in Nashville can be filed at the Davidson County Circuit Court Clerk’s Office, located at 1 Public Square. Before filing, at least one spouse has to have lived in Tennessee for at least six months.
You will then want to hire a same sex divorce lawyer with experience representing LGBTQ couples in Tennessee and who understands the unique family dynamics at play.
Once you have consulted with an experienced family law attorney and filed your case, you and your spouse can then work together to resolve your divorce issues through official mediation sessions, with your legal counsel present to negotiate on your behalf. These issues can include:
- The division of your marital property, which may include income, bank accounts and cash, inheritances, investments and stocks, real estate, retirement accounts, pets, collectibles, vehicles, and other personal items.
- Whether to award alimony to one spouse
- Child custody and child support, if applicable
Unique Challenges Same Sex Couples Face During Divorce in Tennessee
Because same-sex marriage was only officially legalized in 2015, same-sex couples may have been partnered far longer than they were officially married. This can mean that contributions to the relationship made during their partnership stage can affect the outcome of their divorce. For example, if an LGBTQ couple:
- Bought a home together before they could legally marry, the division of their home during divorce could become more complex. This process of identifying ownership requires meticulous valuation proceedings.
- Made significant emotional and financial contributions to the relationship before they could legally marry, it may be more difficult to document and provide evidence of these contributions
- Were together for a long period of time before they could legally marry, it may affect the outcome of their alimony during divorce, as the length of their legal marriage was shorter than their overall relationship
Working with an experienced attorney is a vital tool during an LGBTQIA+ divorce, so they can help you navigate the unique legal challenges you may face.
FAQs
What Assets Are Untouchable in Divorce?
In a Tennessee divorce, separate assets are untouchable, unless they have commingled with marital assets. For example, if a person gains an inheritance before marriage but then uses a part of that money to make home improvements during marriage, that money spent can be subject to division during divorce. Separate assets are generally anything acquired by either spouse before marriage, whereas marital assets are anything acquired during marriage. Marital assets are typically divided equitably between a couple.
How Is Debt Divided in a Same Sex Divorce Case?
During a same sex divorce case, debt is divided like any other assets during the property division stage of legal proceedings. Depending on when the debt was acquired and if it grew during the marriage, it may be divided amongst the couple during divorce proceedings. This can be detrimental during a divorce for those who are forced to take on their ex-spouse’s debt, making it vital to work with an experienced lawyer to advocate for your rights.
What Are the Custody Rights of a Non-Biological Parent During Divorce in Tennessee?
During a divorce in Tennessee, the custody rights of a non-biological parent can vary, depending on whether they are the child’s legal parent. For example, a parent who has legally adopted a child may have clearer parental rights than a parent who has not. In 2023, almost 17% of same-sex spouses throughout the United States were raising the householder’s biological and non-biological children. Every family’s situation is unique, and your attorney can help explain what to expect in your case.
How Can a Divorce Attorney Help Me During My Same Sex Divorce?
A divorce attorney can help you through every stage of your same sex divorce. If they have experience working with LGBTQ couples, they understand the unique challenges you may be experiencing. They can help explain your legal rights and options under Tennessee law, file your case and adhere to legal deadlines, gather necessary documents and evidence, represent you during negotiations, advocate on your behalf during court hearings, and protect your rights during your case.
Hire a Same Sex Divorce Lawyer to Advocate for Your Rights During Divorce
During a divorce, you need a strong support system to help you seek a brighter future. The attorneys at MBK Legal value being a part of our clients’ support systems during difficult times in life. Contact our Clarksville location today to schedule a confidential consultation with one of our team members. We’ll be with you every step of the way during your divorce.
