Divorce is usually emotionally and financially challenging for any family, but LGBTQ+ couples considering divorce with kids face unique challenges. Same-sex marriage is recognized and protected under federal law and in North Carolina. However, LGBTQ+ couples pursuing divorce may face additional challenges involving parental rights, child support, and spousal support. The following are tips for LGBTQ+ couples considering divorce with kids in North Carolina.
Understanding and Securing Parental Rights
LGBTQ+ couples have the same custodial rights as other married couples as long as both of the parents have the same legally enforceable parental rights. For example, suppose a child is one parent’s biological child but unrelated to the other. In that case, the non-biological parent won’t have legal parental rights unless they’ve adopted the child.
When both of the parents have adopted the child, the child custody determination will be similar to a heterosexual divorce. If the child was born via surrogacy, the same will be true unless both parents haven’t adopted the child. Making sure both parents have established parental rights is essential, especially if divorce becomes necessary in the future.
Educate Yourself of Child Support Laws in North Carolina
Under North Carolina family law statutes, both legal parents are obligated to contribute financially to a child’s upbringing. Usually, the parent who takes more of the primary caretaking duties (the parent with sole or majority custody) is required to contribute financially to the child’s living expenses. When parents share custody equally, child support may be necessary when one parent earns more than another. Courts look at several factors to determine the amount of child support, including each parent’s income and time spent with the child. Child support and custody go hand in hand.
When a non-biological parent hasn’t legally established parental rights, they will not have child support obligations. In these cases, the biological parent will have the full financial responsibility for raising the child. Making sure both parents have parental rights is important for pre-empting child custody issues and avoiding any issues relating to child support.
Strongly Consider Mediation
As an LGBTQ+ couple pursuing divorce, you need to consider mediation. Mediation and other types of informal resolution are the preferred ways of settling family law matters instead of proceeding to litigation and having a public, lengthy, and expensive trial. If you and your partner are open to negotiating with the help of a third-party mediator, you could save money, time, and stress. The benefits of mediation include, but are not limited to, the following:
- Reduced contentiousness and increased long-term cooperation
- More privacy protection (a divorce in court can reveal sensitive personal and financial information and create a security risk down the line)
- A streamlined child custody process, such as mediation, can shield children from the pressure of being questioned in court
- Mediation could result in a quicker resolution, especially as courts in North Carolina are backlogged
Mediation may be especially wise, as LGBTQ+ parents still face some stigmas, especially related to child custody and parenting. Solving problems by working together with a third-party mediator you both trust can be effective for many couples.
Seeking Legal Guidance: Your Path to Clarity
If you’re involved in an LGBTQ+ divorce in North Carolina, you aren’t alone. Don’t hesitate to contact the New Bern, North Carolina divorce attorneys to learn more about our skilled divorce attorneys.