Are you dealing with a divorce or another type of family law matter in Minnesota and feeling concerned that the state’s family laws don’t reflect the reality of your same-sex relationship? At Terzich & Ort, LLP, our team handles cases like yours with a clear understanding of how Minnesota courts treat same-sex couples. Contact us now for an initial consultation with a lawyer who knows how to approach these important issues.
Minnesota started recognizing same-sex marriage in 2013, but many same-sex couples in the state lived together, raised children, and shared finances long before that. It is important to consult with a Minnesota family law attorney to understand your rights.
In Minnesota, the court divides marital property equitably in a divorce. For same-sex couples, the biggest issue in property division often involves property acquired before the marriage was legal. For example, if one partner bought a home or started a business before 2013, the court may view that as nonmarital property. If both partners helped maintain or grow the asset, things can get more complicated. One partner might need to trace their share of a house, business, or retirement account back to before the marriage. This process often requires detailed records. A lawyer can help you gather the right documents and explain how Minnesota law treats property based on when and how it was acquired.
Dividing retirement accounts can create challenges in same-sex divorces, especially if one partner started saving long before the legal marriage. Minnesota law generally considers retirement benefits earned during the marriage as marital property. But what happens if one partner worked for decades before 2013 and the couple still shared their finances? In these cases, the court will generally only divide the portion earned after the legal marriage, even if both people relied on those savings long before the state recognized their relationship. A lawyer can help same-sex couples track down account statements and explain how contributions and growth during the relationship might affect division.
Many same-sex couples raise children together, but not all take legal steps to protect both partner’s parental rights. Minnesota law allows for second-parent adoptions. A lawyer can help parents determine if a second-parent adoption is right for your family.
In Minnesota, same-sex couples have the same rights and responsibilities as heterosexual couples regarding their children. The court looks at what serves the best interests of the child when making decisions regarding custody and parenting time. Known as the “Best Interests Factors”, the following 12 factors are used to weigh the impact of various custody and parenting time options for the child:
In determining custody, the court must not prefer one parent over the other solely on the basis of the gender of the parent. An attorney can help you strategize your case regarding custody and parenting time.
In Minnesota, both legal parents must support their child financially. A family law attorney can help same-sex parents understand how Minnesota’s child support guidelines work and what they might need to do to obtain or modify a support order.
For the court to award maintenance, the petitioning party must establish the grounds that show why they are in need of spousal maintenance. Same-sex couples in Minnesota can face complications in spousal maintenance cases if questions arise about how long the court should consider the relationship.
If the couple lived like spouses for years before their marriage became legal, one person may feel they deserve spousal maintenance based on the full relationship. However, the court may only count the legal marriage years. These discrepancies can affect both the amount and the length of spousal maintenance. An experienced attorney can explain what the court looks for in these cases and how to present that information clearly.
Some people wish to change their names or gender markers as part of a divorce. In Minnesota, a person can ask the court to restore a former name during divorce, or they can file a separate name change request. For gender marker changes, the process is separate and requires a different court order.
If a person seeking a name or gender marker change has children, the changes won’t affect their parental rights. A lawyer can help divorcing people understand what the court will accept as proof for name change requests and file the right documents.
If you’re dealing with family law issues as part of a same-sex relationship or divorce, you deserve representation from a lawyer who understands how Minnesota courts handle these cases. The team at Terzich & Ort, LLP, will take the time to learn about your situation and explain your legal options clearly. Contact us today for your initial consultation to get answers and move forward with confidence.
