Charlotte LGBT Divorce

Sound Legal Solutions You Can Trust

LGBTQ couples have the same marriage rights as anyone else, including access to state and federal benefits, inheritance rights, and the right to divorce. While same-sex divorces in North Carolina are no more complicated than other divorces, unique circumstances may arise. At Rech Law, P.C., our skilled LGBTQ divorce lawyers are dedicated to protecting your rights and guiding you through the process. We’ll provide clear advice and strong representation to help you make decisions that are best for you and your family.

Unique Considerations for LGBTQ Divorces in North Carolina

Before 2013, same-sex marriages were only recognized in a few states, while others permitted domestic partnerships. This changed with the 2013 Supreme Court decision in United States v. Windsor, which recognized same-sex marriages federally and prohibited discrimination against gay and lesbian couples in federal benefits. Two years later, Obergefell v. Hodges legalized same-sex marriage nationwide. With marriage comes the possibility of divorce, and LGBTQ couples face similar challenges to heterosexual couples, including financial disputes. However, unique stressors—such as workplace discrimination and lack of acceptance from family—can strain LGBTQ marriages in ways that are less common for heterosexual couples. While the legal system treats both types of marriage equally, LGBTQ divorces may involve complexities related to alimony, property division, and child custody.

To schedule a consultation with one of our LGBT divorce attorneys, call (704) 659-0007 or contact us online.

Legal Grounds for Same-Sex Divorce in North Carolina

Divorces in North Carolina can be based on either fault or no-fault grounds. Fault-based grounds, such as infidelity, cruelty, or abandonment, are less common today but may still be relevant in certain cases.

Most couples, including same-sex couples, opt for no-fault divorces, citing “irreconcilable differences” or an “irretrievably broken” marriage. This approach does not require proving wrongdoing. However, even no-fault divorces can still involve disputes over assets, alimony, or custody. Additionally, there is often a mandatory waiting or separation period before a judge finalizes the divorce. These processes ensure fair treatment for all couples while providing a structured path to move forward.

Same-sex partners in North Carolina have the right to request alimony, just like partners in any marriage. State laws treat LGBTQ marriages the same as traditional ones when it comes to rights and responsibilities in divorce.

When deciding alimony, a judge will evaluate several factors, including:

• How property is divided
• The standard of living during the marriage
• The dependent spouse's ability to maintain that lifestyle
• Each spouse's income, assets, and financial obligations
• The length of the marriage
• Whether the dependent spouse left work to care for children
• How long the dependent spouse has been out of the workforce
• The marketable skills of the dependent spouse and potential need for retraining
• Contributions either spouse made to the other’s education or career
• Future financial opportunities for either spouse, like inheritances or stock options
• Any other factors the court deems relevant

For same-sex partners, the court may also consider the time spent living together before marriage, as many LGBTQ couples cohabited for years before their unions were legally recognized. This history can provide additional context for determining alimony.

How Is Property Divided in an LGBTQ Divorce in North Carolina?

North Carolina follows the equitable distribution method for dividing marital property. This means that instead of splitting assets 50/50, the court distributes property in a way it considers fair based on various factors. For LGBTQ divorces, one unique challenge is the relatively recent legalization of same-sex marriage. Many couples may have spent years accumulating property and debt before legally marrying. Courts in some jurisdictions might only count the years of legal marriage, potentially overlooking long-term contributions. This can affect the division of assets like pensions or shared debt. Consulting a same-sex divorce attorney is essential to ensure your interests are fully protected.

Child Custody Issues in LGBTQ Divorces

Child custody and support in LGBTQ divorces can be complex. Biological parentage often plays a significant role, with some courts favoring the biological parent for custody. However, other courts may grant joint custody or visitation to a non-biological parent, depending on the circumstances.

Adoption can provide legal protection for non-biological parents, ensuring they have the same rights as the biological parent. This is particularly important if neither spouse is the biological parent, as joint or single adoption solidifies the legal standing of both parties. When custody disputes arise, judges apply the same standards as in opposite-sex divorces, prioritizing the child’s best interests.