NH Same-Sex Divorce and Relationship Attorneys
As of January 1, 2010, New Hampshire law recognized same-sex marriages after recognizing civil unions between same-sex partners in 2008. Because marriage has been legalized for same-sex couples, civil unions entered into before the legalization of gay and lesbian couples married in New Hampshire have automatically converted to legal marriages. Legally married homosexual couples in our state have the right to the same protections and legal rights as other married couples. Specifically, same-sex couples can claim privileges contingent on marital status like social security benefits, marital tax rates and joint returns, immigration benefits, family medical leave act rights, and military benefits. However, same-sex couples can only claim these marital rights and privileges if they go through all the procedures and formalities associated with a legal marriage, including obtaining a license and participating in a ceremony.
Nearly 40 Years of Legal Experience To Navigate Your Same Gender Divorce & Family Law Issues
Although the legalization of same-sex marriage was a landmark moment for the gay, lesbian, bisexual, and transgender community, the right to marry means that same-sex couple must also navigate the legal complexities and challenges involved in the divorce process. Our experienced Concord same-sex divorce lawyers guide our clients through the process of resolving issues, including the equitable distribution of property, parenting plans (i.e., custody and parenting plans), spousal support, child support, and related matters. Our New Hampshire same-sex marriage attorneys work diligently to reach amicable divorce settlements where possible and to tenaciously advocate for our clients. We have handled many divorces where we craft amicable solutions that mitigate the expense of a hotly contested divorce and provide settlements that are durable enough to prevent endless post-judgment modification and enforcement proceedings.
Gay and Lesbian Divorce Matters in New Hampshire
New Hampshire recognizes both fault and no-fault divorce in both same-sex and other marriages. If you enter into a no-fault divorce (also referred to as an “uncontested divorce”), the grounds for the divorce will be “irreconcilable differences which caused the irremediable breakdown of the marriage.” The judge will not consider evidence of “misconduct” of a spouse in this type of divorce unless it pertains to parenting issues. Even if you do not have children, divorces can involve complex issues such as the equitable distribution of marital property and the duration and amount of alimony. While these issues will be resolved similar to those involving partners of opposite genders, there are many factors that will affect these financial issues, so you should seek legal representation with an experienced Concord same-sex marriage lawyer.
Same-Sex Parenting Plans (Child Custody) under New Hampshire Law
Because relationships between same-sex parents will involve some form of artificial insemination, there are unique traps and pitfalls that must be navigated. While the best interests of the child standard, based on the long list of statutory factors enumerated in N. H. Rev. Stat § 461-A:6, will govern custody and parenting plan issues, determination of the parties with standing to seek custody can be more complicated. For example, an egg of one marital partner might be inseminated and re-implanted in the same marital partner. These complex situations can create legal issues regarding the rights of the spouse who neither carried the child nor has a biological connection to the child. Because the options for conception and incubation of a baby can vary dramatically for same-sex couples, legal advice and guidance is important both before the process of conception and during the breakup of a co-parenting relationship or divorce. Because our law firm represents a significant number of same-sex couples, we can identify potential issues, propose solutions, and draft a workable and mutually amicable parenting plan. We make sure that your parenting plan covers the full spectrum of issues to avoid unforeseen problems.
Concord Same-Sex Child Support Issues
While some people presume that child support exclusively involves a dad making payments to mom, this assumption is wrong both legally and factually. Child support will depend on several factors that include the time the child lives with each parent and the incomes of the parties. Our law firm can assist both married and unmarried same-sex partners in reaching a fair child support order based on the New Hampshire Child Support Guidelines.
Call the Crisp Law Firm, PLLC Now to Learn More About Your Legal Options
At Crisp Law Firm, PLLC, our experienced same-sex family law attorneys have the legal expertise and experience to handle the unique issues that arise in the context of a same-sex relationship. We invite you to call us at 603-225-5252 or to contact us online to set up a confidential consultation.