Same-Sex & LGBTQIA+ Divorce Attorneys in Las Vegas, NV

How Does Same-Sex Divorce Work in Nevada?

In Nevada, family law courts must approach same-sex divorce on precisely the same terms as heterosexual divorce. 

Thus, a separating same-sex couple will need to work out an agreement on all the critical points of divorce, including:

• Property division
• Child custody
• Child support
• Spousal support

Property Division for Same-Sex Couples

Nevada is a community property state. This means that each spouse gets an equal part of the marital property, i.e., all the assets that the couple acquired during the marriage. Similarly, any debts the couple incurred while married become split equally.

However, a Nevada judge may make exceptions in case one spouse committed flagrant waste of marital assets; for instance, the spouse who incurred gambling debts is generally responsible for paying them.

Unlike marital property, separate property isn’t liable to division during divorce. Separate property includes assets gained by the spouse before the marriage, inheritance and gifts, and property that a prenuptial or postnuptial agreement defines as separate. 

Child Custody Arrangements

By default, Nevada divorced couples share legal custody of their children. This means both parents have equal authority in major decisions in the child’s life, like education and medical care.

Determining parentage and custody rights can be particularly complicated, especially when one partner is not the biological parent. Issues can involve establishing legal parentage for non-biological parents and navigating custody agreements that protect both parents' rights and the child's best interests.

To protect your child’s best interests and preserve an amicable relationship as co-parents, ensure your Parenting Plan covers all the crucial points like physical custody division, a visitation schedule, and child support.

Other Unique Challenges in LGBTQIA+ Divorce

Some complexities are especially unique to the LGBTQIA+ community when dissolving a marriage. These include the length of the relationship and out-of-state marriages. 

Some LGBTQIA+ couples have cohabitated and intertwined their lives long before marriage was legally recognized, raising questions about the division of assets acquired before the legalization of their union.

Variations in state laws regarding LGBTQIA+ marriages can also complicate the divorce process, especially for those who married in one state and now live in another that may have different legal precedents.