Same Sex Divorce in Minnesota

Minnesota Gay Divorce Attorney

Many of the laws and public norms in Minnesota were established with the “traditional family” in mind. Many of the statutes in place assume that a family consists of a mother, father, and children. However, in May of 2013, a bill was signed into law legalizing same sex marriage in Minnesota. We understand that gay, lesbian, bisexual, and transgender couples deserve to receive the same legal services as heterosexual couples. It is very important that the rights and interests of any couple are recognized and that legal services provided need to consist of experienced attorneys that provide quality representation.

Same Sex Couples And Decisions That Must Be Made

There are important life decisions that everyone, regardless of their sexual orientation, needs to make regarding themselves and their family. Because of this it is important that the rights of same sex couples are protected. Here are some of the decisions that same sex couples in Minnesota face:

  • Children – It is important that gay and lesbian couples meet the legal requirements to establish and grow a family through surrogacy or adoption.
  • Domestic abuse – You may need to obtain a restraining order against your domestic partner if there is some kind of domestic abuse occurring.
  • Parenting access and custody – Just like when heterosexual couples split up after having children, same sex couples should also receive visitation rights to children, as well as be able to petition for custody of the children. Parenting agreements must be negotiated. The idea is for any and all actions to be in the best interest of the child.
  • Cohabitation Agreements – These are agreements that help address such issues as asset division, liabilities, and income in the event of a breakup.
  • Estate planning – Through proper estate planning, you can ensure that your domestic partner will receive your assets upon your death and appoints your partner as your healthcare power of attorney in case you become ill and are unable to speak for yourself.

Using Mediation To Resolve Minnesota Domestic Partnership Disputes

Any time a dispute exists between a same sex couple, the Minnesota mediation process is a very useful tool. Just like in litigation, experts can be brought in, such as financial experts, to provide an impartial assessment. There is no bias, allowing for the right decision to be made between the two parties. Mediation can also be quite beneficial to children who are impacted by the breakup. This is necessary because Minnesota law does not provide couples with a clear answer to the relationship a non-biological parent can have with children.

Twin Cities Gay Divorce Lawyer & Attorney

If you find that you are in some kind of dispute with your former domestic partner or you and your partner are facing other legal issues, call us for a free consultation.