Divorce is never easy, and for same sex couples, the process often presents additional legal challenges due to evolving laws and past legal limitations. In Greenville, South Carolina, individuals in same sex marriages deserve the same legal representation and respect as anyone else navigating a divorce. At Sarah Henry Law, we provide compassionate and informed legal services to members of the LGBTQ community, ensuring your rights are protected throughout every stage of the divorce process.
Whether you’re seeking spousal support, negotiating child custody, or dividing marital property, our law firm has the experience and understanding necessary to guide you through your case with care and professionalism.
Understanding Same Sex Divorce in South Carolina
Although same sex marriage has been legally recognized since the recent Supreme Court ruling in 2015, many same sex divorce cases still involve legal complications that differ from opposite sex divorces. This is especially true when it comes to issues like child custody, property division, and the recognition of legal parents.
In South Carolina, same sex divorce is allowed under the same laws governing opposite sex divorce. However, the way same sex divorce works can depend on a number of factors, including how long the couple was legally married, whether one party is the biological parent of a child, or whether the couple completed a second parent adoption.
Our legal team is experienced in same sex divorce cases and knows how to handle complex situations involving joint assets, shared children, and unique family law issues.
Common Legal Issues in Same Sex Divorce Cases
Just like with opposite sex couples, same sex divorce involves multiple layers of legal rights and responsibilities. These may include:
- Determining child custody and child support for biological children, adopted children, or children one spouse raised but did not legally adopt
- Dividing marital property, bank accounts, and retirement accounts fairly through equitable division
- Addressing spousal support when one spouse may be a dependent spouse or the only one to contribute money to household expenses
- Clarifying the rights of legal parents and non legal parents when there are custody issues or competing claims
- Resolving matters related to personal property and financial disclosure
Because same sex custody arrangements may differ from traditional marriage expectations, having experienced LGBTQ divorce attorneys on your side is critical to protect your proper legal rights.
Legal Parenting and Child Custody for Same Sex Couples
One of the most sensitive areas of same sex divorce representation involves child custody. In some cases, only one party may be the biological parent or legal guardian. If a second parent adoption was not completed, the non biological parent may face limited custody rights, even if they helped raise the child from birth.
South Carolina courts aim to act in the best interests of the child, but navigating legal or physical custody when only one person is a legal parent can be extremely difficult. We represent clients who face:
- Challenges from the other party in a custody claim
- Complications from not being recognized as a legal parent
- Attempts to secure joint custody despite legal limitations
- Disputes where only one party is seeking physical custody or primary rights
Our attorneys work to present strong cases based on the child’s history, emotional bonds, and what arrangement serves their best interests.
Property Division and Spousal Support in Same Sex Divorce
Dividing property fairly during a divorce is always a key concern, especially when lengthy marriages or shared assets are involved. In same sex divorce cases, couples may have lived together or combined finances long before they were legally married. This history can complicate traditional approaches to marital property division.
We help our clients address:
- Claims to property acquired before the legal marriage
- Rights to shared personal property and real estate
- Contributions by a dependent spouse to the relationship
- Requests for spousal support or ongoing financial responsibility
- Differentiation between marital and non-marital assets
The law in South Carolina applies the same rules for equitable division to all legally married couples. However, the details of each case can significantly affect how courts evaluate what is fair.
How Our Law Firm Supports the LGBTQ Community
At Sarah Henry Law, we are proud to represent clients from the LGBTQ community across Greenville and beyond. Our attorneys understand that every family is different and that each divorce comes with its own set of challenges. We provide clear legal guidance and supportive representation that respects your family, your future, and your identity.
Our legal services cover a wide range of domestic relations matters for same sex couples, including:
- Child custody and visitation
- Property and asset division
- Legal rights and obligations for second parents
- Child support and spousal support
- Filing for divorce and addressing legal issues related to previous relationships
We recognize the complexity of these cases and are prepared to handle each matter with discretion, knowledge, and compassion.
Legal Representation You Can Rely On
When it comes to LGBTQ divorce representation, choosing the right divorce lawyer is critical. Our firm offers experienced legal representation that respects your values and protects your interests. Whether you’re working through a peaceful separation or a more contested divorce, our attorneys will help you understand your options and stand with you through every step of the process.
We know how same sex divorce depends on the unique circumstances of each couple—whether involving child custody, marital property, or legal parents—and we’re here to ensure that your voice is heard.
Learn more about Greenville LGBTQ Divorce Representation. Call Sarah Henry Law at (864) 478-8324 to schedule your free, no-obligation consultation. You can also reach us anytime through our contact page. Let us help you take the first step toward resolution and peace of mind.
Frequently Asked Questions: Greenville LGBTQ Divorce Representation
Is same sex divorce allowed in South Carolina?
Yes. South Carolina recognizes same sex marriage and allows for same sex divorce under the same laws as opposite sex divorce. The process may be complex depending on the couple’s legal history and assets.
How does same sex divorce work when children are involved?
Custody can be complicated when only one party is the legal parent or biological parent. The court considers the best interests of the child but may be limited if second parent adoption was not completed.
Can I seek child support from a non biological parent?
In some cases, yes—especially if that person acted as a parent and there is legal recognition or prior court involvement. A lawyer can evaluate the circumstances and help pursue a fair outcome.
Will the court divide our property equally?
South Carolina follows equitable division laws, which apply to all legally married couples. The court will consider many factors to decide what is fair, including each spouse’s contribution and financial need.
Does the law treat same sex and opposite sex divorces the same?
While the same general laws apply, unique challenges often arise in same sex divorce cases. It’s essential to work with attorneys who understand the legal and emotional nuances involved.
