Springfield Same-Sex Divorce Lawyer

Same-Sex Divorce Attorney In Springfield, TN

Just as marriage assigns the same rights to married same-sex couples as their straight counterparts, divorce works the same way, no matter the gender or sexual orientation of the couple. That does not mean same-sex couples should work with just any law firm, though. Working with a Springfield, TN, same-sex divorce lawyer can take some of the stress out of the equation by ensuring that you and your spouse will be treated with respect.

Trust Mathis, Bates & Klinghard PLLC

You can trust the team at Mathis, Bates & Klinghard PLLC to handle your same-sex divorce case with compassion and discretion. Whether you expect your divorce to be amicable or you are anticipating an uphill battle on one or more fronts, we are here to help. Let us provide legal guidance and support so that you can focus on what is important: moving on.

Why Hire a Same-Sex Divorce Lawyer?

According to a study by the Williams Institute, there are 4.38 same-sex couples per 1,000 households in Tennessee. The divorce rates for same-sex couples vary by gender. According to NIH-supported research, 12.3% of lesbian couples divorce, while only 2% of gay men dissolve their unions. Regardless of why you and your partner are considering divorce, you should be treated with the same respect afforded to your straight peers.

A same-sex divorce lawyer can perform all the same legal functions as any other family attorney. Our team is intimately familiar with same-sex divorce laws and has handled countless same-sex divorce cases, including contested and uncontested divorces. When you decide to hire a same-sex divorce lawyer, you are taking a positive step toward dissolving your marriage as simply as possible, given the circumstances.

How to Get a Same-Sex Divorce Started in Springfield, TN

The process for getting a same-sex divorce in Springfield, TN, is the same as that required of straight couples who want to dissolve their marriages. Generally, couples can file for a divorce in Tennessee if one spouse has been living in the state for at least six months before filing.

Divorce laws are stated in the Tennessee Code Title 36, which indicates that the process begins when you file a petition for divorce in your county of residence or that of your spouse. You will need to file the same form regardless of whether you are in a same-sex or a straight marriage.

One factor that makes a difference in how you file for divorce is whether there are children involved. If not, you’ll have to file a request for divorce, a personal information form, and a civil case cover sheet. If children are involved, you will also need to provide a parenting plan and information for child support.

Valid Grounds for Divorce

Valid grounds for divorce for a same-sex couple are the same as those that apply to straight couples, although there are several that may not apply to a gay couple. Those that do include:

• Irreconcilable differences
• Cruelty
• Adultery
• Willful abandonment for one year
• Separation for two years with no children
• Attempted murder

Most divorces in Tennessee are on the grounds of irreconcilable differences.

Contested vs. Uncontested Divorces

If you and your partner can come to a general agreement about the provisions of your divorce, you can file for an uncontested divorce. Uncontested divorces tend to be simpler, less expensive, and shorter than contested divorces, in which two spouses disagree about one or more of the provisions of their divorce agreement.

If you file for an uncontested divorce, you can submit the paperwork at the Circuit Court Clerk’s Office on the 3rd floor of the Robertson County Office Building. If your divorce is contested, you may need to go to court so that a judge can issue rulings on important factors, such as child custody, child support, and spousal support.

FAQs

Does Tennessee Honor Same-Sex Marriage?

Tennessee honors same-sex marriage, which is legal in all 50 United States. The 2015 US Supreme Court ruling in Obergefell v. Hodges legalized same-sex marriage on a federal level and compelled all states to honor these unions. Same sex couples have the same marriage rights as straight couples in Tennessee, despite a recently passed law known as the “Tennessee Covenant Marriage Act,” which creates a special type of marriage reserved for opposite-sex couples.

What Is Each Spouse Entitled to in a Divorce in Tennessee?

Each spouse in a divorce in Tennessee is entitled to an equitable share of the marital property. Any property, including assets and debts, accrued during the marriage is subject to a fair division, while separate property is not. Factors that judges consider when determining how to divide marital assets can include each spouse’s income and earning capacity, the length of the marriage, and each spouse’s contributions to the marriage.

How Much Does a Same-Sex Divorce Cost in Springfield, TN?

You can find out how much a same-sex divorce will cost by contacting our family law firm. Every lawyer has a different fee schedule, so there is no way to make accurate generalizations about the cost of same-sex divorce or any divorce. The cost will vary based on the complexity of the case, whether the divorce is contested or uncontested, and how much experience your Springfield same-sex divorce attorney has.

How Does Same-Sex Divorce Work?

Same-sex divorce works just like heterosexual divorces. The couple petitions the court for a divorce, decides on an equitable distribution of assets and debts, determines child custody and support arrangements if applicable, and gets the divorce order signed by a judge. At that point, the divorce is finalized, and all of the aspects of the divorce agreement become legally binding.

Speak to Your Springfield, TN, Same-Sex Divorce Lawyer

Going through a divorce can be a challenging time. There is no need to add to the stress you are already experiencing by working with a law firm that does not respect you. You can work with a Springfield, TN, same-sex divorce lawyer with experience working with clients in the LGBTQ+ community. Trust Mathis, Bates & Klinghard PLLC to handle the particulars of your divorce. Contact us to schedule an initial consultation today.