Florence LGBTQ Divorce Lawyer

Divorce is taxing both emotionally and physically, and this can be even more true if you are navigating the unique challenges that lesbian, gay, bisexual, transgender, and queer or questioning (LGBTQ) couples may face when separating. If you are going through a divorce, a Florence LGBTQ divorce lawyer could serve as a fierce advocate, offering strategic guidance and strong legal support.

Contact our compassionate divorce attorneys today for a free consultation.

Divorce Laws That Affect LGBTQ Couples

Kentucky law does not differentiate between LGBTQ and heterosexual couples in divorce proceedings. However, LGBTQ individuals often encounter unique circumstances that require careful legal handling. An LGBTQ divorce attorney in Florence with decades of experience in family law and a proven track record will ensure that every aspect of a divorce is addressed thoroughly.

Same-sex couples can file for divorce in Kentucky under the same legal standards. That is because Kentucky is a commonwealth whose family law recognizes same-sex marriages and grants LGBTQ couples the same legal standing as heterosexual spouses when it comes to family law.

Kentucky is also a no-fault divorce jurisdiction. That means that:

• Neither party must prove issues like infidelity or abandonment
• Either party in the marriage may seek a divorce on the grounds that the marriage is irretrievably broken

To file for a divorce in Kentucky:

• At least one spouse must have lived in the commonwealth for at least 180 days before filing for divorce
• The divorce must be filed in the county where at least one of the spouses resides

For LGBTQ couples living in Florence, the Boone County Family Court is often the appropriate venue for filing a divorce.

Property Division for LGBTQ Spouses in Florence

The Commonwealth applies equitable distribution rules, meaning the court divides marital property fairly, though not always equally. This process may create complications for LGBTQ couples who acquired assets before the law recognized their marriage. Marital property includes real estate, bank accounts, retirement funds, businesses, vehicles, and other assets.

A skilled Florence LGBTQ divorce attorney could examine when and how each asset entered the estate—such as whether one party added it before or after the legal marriage—and build a case for equitable distribution.

LGBTQ Child Custody and Parenting Time in Florence

Child custody issues may be a particularly sensitive matter in LGBTQ divorces in Florence, especially if one spouse is a non-biological or non-adoptive parent. The law prioritizes the best interests of the child. In some cases, non-biological parents may be able to seek custody or visitation based on the circumstances.

In fact, Kentucky Revised Statutes § 403.270 allows those who have acted as primary caregivers or financial supporters for a period of time to have some visitation. A family law attorney will evaluate each circumstance to determine if a caregiver may be eligible for these rights.

Get In Touch With a Florence LGBTQ Divorce Lawyer Today

LGBTQ couples may encounter some distinct legal challenges, including disputes over parentage and custody. These couples may have a more difficult time tracing assets before legal marriage, and also must face potential social stigma or bias in some courts.

Divorce is not an easy process, but having a legal professional advocate for a just and fair outcome makes a big difference. Whether your divorce involves high-value property, complex child custody matters, or any other unique challenges, you don’t have to navigate divorce alone. Schedule a free consultation with a Florence LGBTQ divorce lawyer today.