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Bellevue LGBT Divorce Lawyer

Bellevue LGBT Divorce LawyerWe are attorneys for equality at Twyford Law Office. We advocate for marriage equality for all LGBT family law issues, including same-sex divorces in Washington. We offer members of the LGBTQ community sound legal advice and compassionate representation as they navigate the divorce process in Bellevue, WA.

Our Bellevue LGBT divorce lawyers have over 40 combined years of family law experience. Twyford Law Office has been representing Washington residents for more than 30 years. We are the law firm people turn to when they need trusted legal advice and a satisfactory outcome for their divorce case.

Contact Twyford Law Office at (425) 517-3350 to schedule a free consultation with one of our Bellevue LGBT divorce attorneys. Our attorneys have the experience, knowledge, and understanding to handle all aspects of same-sex divorce in Bellevue, Washington.

How Our Bellevue Divorce Lawyers Can Help You Obtain an LGBT Divorce in Washington

How Our Bellevue Divorce Lawyers Can Help You Obtain an LGBT Divorce in Washington Numerous legal organizations have recognized our Bellevue LGBT divorce lawyers for their legal knowledge and service, including the National Association of Distinguished Counsel. We have a Perfect 10.0 Rating with Avvo. Our dedication and aggressive representation are evident in our proven track record of success for our clients.

Same-sex couples who have pre-nuptial or cohabitation agreements may be in a better position if they decide to divorce because they have already discussed and resolved many divorce issues. However, even if you have a marital agreement in place, that does not mean your LGBT divorce case will be without problems. It is crucial that you have an experienced LGBT divorce attorney on your side to protect your rights regardless of your situation or relationship.

When you hire our top-rated Bellevue divorce lawyers,  you can trust we will handle all aspects of your divorce case.

You can expect us to:

  • Take time to learn about you and your family to assist you in prioritizing your goals for a divorce settlement
  • Answer your questions about LGBT divorces in Washington and explain the relevant divorce laws
  • Devise a strategy for your divorce case that is personalized and developed to achieve your desired outcome
  • Work with expert witnesses, including forensic accountants, psychologists, private investigators, and child custody evaluators, as necessary
  • Pursue divorce settlements through private negotiations and divorce mediation
  • Fight to protect your parental rights and the best interests of your children
  • Aggressively advocate for you during all court hearings and litigate your divorce if necessary

 

Same-sex couples face the same issues during a divorce as heterosexual couples. However, many of these issues can be significantly more complicated as the law continues to evolve regarding LGBT divorces. For this reason, we strongly recommend you choose an attorney with substantial experience handling same-sex divorces in Washington – like our attorneys at Twyford Law Office.

Call us today to schedule a free, confidential case evaluation with an experienced LGBT divorce lawyer in Bellevue, WA.

Dissolution of Marriage and Divorce for LGBT Couples in Bellevue, WA

As with heterosexual marriage, the only way to end a same-sex marriage is through divorce or dissolution of marriage. An LGTBQ spouse must file divorce proceedings in a superior court to legally end the marriage. Our legal team at Twyford Law Office handles all the paperwork for you so that you do not need to worry about whether documents are filed correctly and on time.

Our Bellevue LGBT divorce lawyers handle all matters related to same-sex divorces, including but not limited to:

 

We are aware of the challenges and unique issues involved in an LGBT divorce case. Because of our experience handling same-sex divorces, we are equipped to handle any matters that arise in your divorce case.

What Are the Grounds for an LGBT Divorce in Bellevue, WA?

Washington is a no-fault divorce state. Therefore, the only grounds for divorce is that the marriage is irretrievably broken. Generally, a spouse alleges that the couple has irreconcilable differences that result in the irretrievable breakdown of the marriage.

Neither spouse has to prove fault for the breakup. The spouses do not need to agree on why the marriage is irretrievably broken. The court can grant the divorce as long as one spouse testifies that the marriage cannot be saved.

How Is Child Custody Decided in an LGBT Divorce in Bellevue, WA?

Child custody is often a complicated issue in same-sex divorces. One parent may be the biological parent, and the other parent may not have adopted the child. If so, the other parent is not the child’s legal parent.

Unlike other states, Washington provides some protections for parents under the Washington Uniform Parentage Act. The provisions apply to all parents, including same-sex couples.

According to the law, a child born while a couple is married or in a state-registered domestic partnership is the child of both parties. A person acting as a child’s parent, living in the same household for the first two years of the child’s life, and holding themselves out as a parent can also be presumed as such. However, these presumptions are rebuttable. Therefore, your spouse could fight you for child custody, claiming that you are not the child’s legal parent.

If you are not an adoptive or biological parent, you should speak with our LGBT divorce lawyers immediately about your legal options. We can help you fight for parental rights. You may be able to assert parental rights as a de facto parent under RCW 26.26A.440.

Once the court recognizes both spouses as a child’s parents, the parents are encouraged to work together to develop a parenting plan. The courts presume a child benefits from maintaining a close relationship with both parents.

When parents cannot agree about custody terms, the court decides custody terms based on the child’s best interests. Judges seek to maintain a stable environment for a child that promotes the child’s health, emotional well-being, and growth.

The court also awards child support based on the state’s standard child support guidelines. Judges can deviate from the child support guidelines. Our Bellevue child support lawyers work with you to ensure you are treated fairly when paying or receiving child support.

Property Division in an LGBT Divorce in Bellevue, WA

Washington is a community property state. Therefore, each spouse has an equal share of the marital assets. Most property acquired during a marriage is considered part of the marital estate and subject to property division.

Spouses can negotiate a property division settlement to propose to the court. However, if the spouses disagree, the court determines what is fair and equitable for dividing marital assets.

Judges consider several factors when deciding property division in LGBT divorces, including:

  • The length of the marriage
  • The nature and extent of a spouse’s separate property
  • Each spouse’s economic circumstances
  • The nature and extent of the couple’s marital assets or community property

Determining whether the property is marital or separate property can be challenging in an LGBT divorce. The couple may have been together before they were able to marry legally. If so, they may have accumulated substantial assets as a couple.

However, assets acquired before marriage are considered separate property, which is not subject to property division. Our Bellevue property division lawyers understand how to address this issue should it arise during your divorce case.

Are Same-Sex Spouses Entitled to Alimony in Washington?

Spousal support or alimony is not guaranteed in Washington. Either spouse can request alimony regardless of their gender. The standards for deciding alimony claims are the same in an LGBT divorce as they are in a heterosexual divorce.

Judges consider the facts of the case to determine whether alimony is appropriate. There are no uniform guidelines for granting alimony.

However, factors that judges consider when deciding alimony cases include:

  • The length of the marriage
  • The income, expenses, and assets of each spouse
  • The standard of living during the marriage
  • The primary caretaker of the couple’s children
  • The ability of a spouse to pay alimony
  • The need for financial support
  • Each spouse’s future plans
  • The physical and mental health of the spouses
  • The time it would take for a spouse to improve their earning capacity

 

As with marital property, the length of the marriage can be an issue for alimony. A same-sex couple may have been living together as if they were married long before the state recognized same-sex marriages. Therefore, questions arise about the length of the “marriage,” which is a significant factor in alimony decisions.

We are prepared to tackle this issue during an LGBT divorce. Talk with our Bellevue LGBT divorce attorneys about your situation and legal options.

Schedule a Free Consultation With Our Bellevue LGBT Divorce Lawyers

If you are seeking a same-sex divorce in Bellevue, WA, contact the Twyford Law Office today. Our legal team is here to answer questions and provide guidance as you contemplate your legal options to dissolve your marriage. Please call our office to schedule a free consultation with one of our Bellevue LGBT divorce attorneys to discuss your situation.

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