Legal Guidance for Same-Sex Couples in South Carolina
Family law matters can be complex, especially for same-sex couples navigating issues such as same-sex divorce, child custody, and property division. While same-sex marriage is legally recognized in South Carolina, some legal challenges remain, particularly regarding parental rights and custody issues. At Sarah Henry Law, we provide knowledgeable and compassionate legal representation for LGBTQ families, ensuring that all clients receive the proper legal rights and protections they deserve.
If you need assistance with a family law case, contact our firm at (864) 478-8324 to schedule a consultation.
Understanding Same-Sex Divorce in South Carolina
Same-sex divorce follows the same rules as opposite-sex divorce, but there are unique factors that can complicate the process. Issues such as property division, child custody, and second parent adoption may require additional legal considerations.
How Same-Sex Divorce Works
Same-sex divorce depends on several factors, including:
- The length of the marriage and whether the couple was legally married before the recent Supreme Court ruling legalized same-sex marriage nationwide
- How marital property and personal property should be divided
- Whether the couple has biological children, adopted children, or children from a previous relationship
- Determining financial responsibility, including alimony awards and child support
While same-sex divorce is allowed under South Carolina law, navigating the legal system can be challenging without experienced representation.
Child Custody Matters for Same-Sex Couples
Custody claims in same-sex divorce cases can be more complicated than in opposite-sex divorce. The court prioritizes the best interests of the child when determining legal or physical custody, but legal parents in same-sex couples may face additional challenges.
Common Custody Issues in Same-Sex Divorce
- Biological parent vs. non-legal parent – If only one party is the biological parent, the other party may need to prove they have played a significant role in the child’s life.
- Second parent adoption – If the non-biological parent has not legally adopted the child, they may have difficulty obtaining parental rights.
- Same-sex custody arrangements – The court will evaluate both parents’ involvement and ability to provide a stable home environment.
In many cases, second parent rights must be established before a non-legal parent can pursue custody or visitation rights. Consulting with a family law attorney can help same-sex couples protect their rights in child custody matters.
Property Division and Financial Considerations
South Carolina follows equitable division laws, meaning that marital property is divided fairly, though not necessarily equally. However, same-sex couples may face challenges in proving joint ownership of assets if they were together for many years before they were legally married.
Key Financial Considerations in Same-Sex Divorce
- Retirement accounts and bank accounts – These may be subject to division based on financial contributions during the marriage.
- Competing claims over assets – If only one party legally owned property before the marriage, it may not be considered marital property.
- Financial disclosure requirements – Both spouses must fully disclose income, assets, and debts to ensure a fair property division.
- Alimony awards – One spouse may be entitled to financial support depending on their income and contributions to the marriage.
The division of property and finances in a same-sex divorce should apply equally to all couples, regardless of sexual orientation. However, legal complexities can arise, making experienced legal representation essential.
Protecting Your Parental Rights
Ensuring the protection of parental rights is crucial in same-sex divorce cases, particularly for parents who are not biologically related to their child. Second parent adoption can provide legal security for non-biological parents, allowing them to retain custody and visitation rights.
If only one person in the marriage is a legal parent, the other parent may need to establish parental rights through legal action. Consulting a knowledgeable law firm can help same-sex couples navigate these complex legal issues.
Why Choose Sarah Henry Law for LGBTQ Family Law Cases?
At Sarah Henry Law, we understand that same-sex couples face unique legal challenges in family law cases. Our law firm is committed to providing experienced representation for LGBTQ families in Greenville and throughout South Carolina. Whether you are dealing with a same-sex divorce, custody claim, or property division, we are here to help.
Contact a Greenville LGBTQ Family Law Attorney
Learn more about how a Greenville LGBTQ Family Law Attorney can assist with your case in Greenville, SC. 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 protect your rights and achieve a fair resolution.
Frequently Asked Questions
1. How does same-sex divorce work in South Carolina?
Same-sex divorce follows the same legal process as opposite-sex divorce. However, issues such as second parent adoption and property division for lengthy marriages before legalization may require additional legal considerations.
2. Do same-sex couples have equal rights in child custody cases?
Yes, but challenges can arise if only one party is a legal parent. Second parent adoption can help ensure both parents have legal rights.
3. How is property divided in same-sex divorce cases?
Property division follows equitable division laws, meaning assets are divided fairly based on financial contributions and ownership history.
4. Can a non-legal parent obtain custody or visitation rights?
Yes, but they may need to prove their involvement in the child’s life and seek legal recognition of their parental rights.
5. Do I need an attorney for a same-sex divorce?
Yes. Family law cases involving same-sex couples can involve complex legal issues, and having an attorney ensures your rights are protected throughout the process.
