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How LGBT+ couples may benefit from divorce mediation

On Behalf of | May 12, 2021 | Same-Sex Couples & Custody

Same-sex marriage has been legal in all 50 states since 2015. It affirmed that, as an LGBT+ couple, you have the same marital rights as your different-sex counterparts. These not only include the right to get married but also the right to divorce. 

However, just because something is legal does not mean it is easy. While you have parity with other couples, your circumstances as an LGBT+ couple may be different, which can raise certain unique difficulties. While divorce mediation can offer benefits to any type of couple, it may offer you and your spouse advantages particular to your situation. 

Child custody and visitation

You and your spouse may be raising children together, but often only one parent has a legally recognized relationship with them. Mediation allows you to work out a custody or visitation arrangement that is fairer to the other parent. 

Spousal support

In many cases, the amount that you can receive in spousal support depends on the length of your marriage. You may have been in a relationship long before formal marriage was an option for you. While some courts take this into consideration when making decisions regarding spousal support, others only consider the length of your legal marriage. As with child custody and visitation, mediation allows you to negotiate a spousal support agreement that takes your individual circumstances into consideration. 

Mediation is not a cure-all and is not right for every divorce case. However, it can be particularly advantageous for you and your spouse because it gives you control over the agreement you and your children have to live with rather than leaving the decision up to a judge who is a stranger. 

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