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Equal Marriage in NC

McKnight Law helps same-sex couples with child custody, child support, alimony, and other issues related to divorce.

Equal Marriage in NC

Due to the landmark Obergefell v. Hodges decision in 2015, same-sex couples can legally marry in North Carolina and the rest of the country. The team at McKnight Law has assisted numerous members of the LGBTQIA+ community with alimony, divorce, child custody, spousal support, and more.

While legal remedies to these issues are new to members of the LGBTQIA+ community, we have almost two decades of experience and are here to help. We can explain the steps you need to take to protect yourself and your minor children and then help you take action.
As equal marriage lawyers in NC, we understand the emotional and legal aspects of these cases. Consult with McKnight Law today so we can go over your legal options moving forward.

Legal Services for Same-Sex Couples

Our lawyers can assist you with:

  • Separation
  • Divorce
  • Child custody
  • Child support
  • Alimony
  • Domestic violence

We provide compassionate and knowledgeable legal services. You are welcome here.

Same-Sex Divorce In North Carolina

When the Supreme Court recognized the right for same-sex couples to marry, it also recognized the right to divorce. Same-sex couples must follow the same process as all couples when obtaining a divorce. First, the couple must be separated for at least one year and a day to file for divorce. Also, at least one spouse must have been a resident of North Carolina for at least six months and currently live in the State. If you meet these requirements, you can file for a no-fault divorce.

If your spouse did something egregious that caused the breakdown of the marriage, you could file for a divorce from bed and board. This is a legal separation you can obtain before filing for an absolute divorce.

Equitable Distribution

Before there was equal marriage in NC, same-sex couples had few property rights. For instance, you could live with your same-sex partner without having any legal recourse to the joint property after splitting up. Fortunately, marriage equality has changed that. Now, you are protected under the law of equitable distribution.

If your divorce goes to court, the judge will follow equitable distribution when dividing your property. The judge will consider factors such as your financial contribution, needs, and the length of the marriage when dividing the property. The court understands there are numerous ways to contribute to a marriage. Your contribution might not have been financial, but that doesn’t mean you don’t have the right to your fair share of the property.

Domestic Violence And Same-Sex Couples

In the past, same-sex couples could only file for a civil no-contact order if they experienced domestic violence. Because of changes in the law, a member of a same-sex couple who has become a victim can now file for a domestic violence protective order. A domestic violence protective order is much more robust than a civil no-contact order. The judge can customize it to meet the situation, and it can do much more than prohibit contact between the parties.

Child Support And Custody

With equal marriage in NC, more same-sex couples are starting families. If you have children and are going through a separation or divorce, you will need to think about child support and child custody. We can help you create a parenting agreement to help ensure that these issues aren’t litigated in court. In many cases, a negotiated agreement makes it easier for all parties involved, including the children who will avoid the trauma of watching a courtroom battle between both parents.

John is absolutely the lawyer you want to represent you if you should (sadly) need a divorce attorney. I interviewed top attorneys in Raleigh and was struck mostly by John’s legit empathy/compassion and his ability to quickly ‘get’ the situation. Fair and reasonable, always responsive. I am thankful to have him representing me and haven’t regretted my decision!

 

— Jennifer T.

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