Charlotte LGBT Family Law Attorney

Recently, the lawmakers of the state of North Carolina unsuccessfully tabled a bill that forbids same-sex marriages.

Currently, the 2015 United States Supreme Court ruling that legalizes same-sex marriage still stands, meaning that gay couples can enjoy similar benefits and rights as heterosexual couples in marriage. Fortunately, it also means that gay couples are subject to the same laws and obligations associated with the divorce of heterosexual couples.

At Waple & Houk PLLC, we offer family law services to members of the lesbian, gay, bisexual, and transgender (LGBT) community. If you’re looking for a Charlotte LGBT family law attorney, we can help! We have been offering the LGBT community specialized, one-to-one support for many years. We are proud to serve lesbian, gay, bisexual, and transgender people in Charlotte and throughout North Carolina. Schedule a consultation by calling or filing our online contact form.

What Does an LGBT Family Lawyer Do?

People in same-sex marriages face similar problems as those in heterosexual marriages: divorce, child support, or custody issues, etc. A Charlotte LGBT family law attorney deals with family-related disputes related to lesbian, gay, bisexual, and transgender couples such as:

• Civil Unions, Marriages, and Domestic Partnerships
• Child Custody
• Divorce
• Adoption
• Child Support
• Support
• Cohabitation
• Estate Planning
• Living Wills
• Powers of Attorney
• Prenuptial Agreements
• Palimony
• Alimony
• Discrimination

What Qualifies as a Family Law Case?

Civil cases that exclusively deal with family matters and disputes between spouses, parents, children, and sometimes grandchildren qualify as family law cases. They include:

1. Contested and Uncontested Divorce

These cases are family law cases because they involve a dispute between two spouses. Additionally, the disputing spouses are required to request a court order to end the marriage through a contested or uncontested divorce from a family court. Couples who want to stay legally married can request separation from a family court.

2. Parental Rights, Child Custody, and Child Support

Since parents and children are involved, these cases automatically qualify as family law cases. A family court determines who has custodial rights for the child and also outlines parental and visitation rights. Additionally, the court decides who will pay child support and the amount they should pay.

3. Spousal Support and Alimony Agreements

Family law cases of this nature arise when one spouse demands spousal support and alimony. The court may order one spouse to provide spousal support or pay alimony to the other spouse.

4. Legal Name Changes in North Carolina

Since this type of case involves altering a person’s legal name on their birth certificate, it qualifies to be a family law case.

5. Restraining Orders

When a spouse or a parent has a history of harming their better half or child, a family court may issue them with a restraining order to keep them away from their victim.

6. Department of Social Services Cases

Some children are subject to abuse and neglect from their biological parents, adopted parents, or legal guardians. Since it involves children, it is a family case law. Courts may order the Department of Social Services to remove children from the custody of abusive or neglectful parents.

How Can a Lawyer Protect the Rights of Gay and Lesbian Parents?

There are numerous ways a Charlotte LGBT family law attorney can help protect the rights of same-sex parents and couples. At Waple & Houk, we defend the rights of gay and lesbian couples by representing them in the following areas:

• Prenuptial Agreements: Prenuptial agreements, popularly known as prenups, are written agreements between spouses that dictate how a couple will divide debts, money, investment portfolios, and other financial assets should the couple decide to end the marriage. Typically, couples sign prenuptial agreements before tying the knot. The prenuptial agreement lists each person’s property and debt and outlines how they will divide the property (including all debts) after marriage. Prenups are becoming more and more popular, and same-sex couples are also using these agreements to protect their individual property before committing to marriage. An LGBT family lawyer can help gay and lesbian couples draft prenuptial agreements and exercise the rights contained in them.
• Adoption: Same-sex couples, like their heterosexual counterparts, have the right to adopt a child. If you are a proud LGBT member, we can make the adoption process easier whether you decide to adopt through a domestic or international adoption agency.
• Divorce: Whether a divorce involves a same-sex or a heterosexual couple, emotions are bound to be in abundance. Besides being a complicated process, divorces involve some contentious issues, including maintenance, parenting time, child allocation, child support, and property division. Our LGBT family lawyers can help make your divorce as smooth as possible.

What Happens if My North Carolina LGBT Divorce Has Special Circumstances?

At Waple & Houk, our Charlotte LGBT divorce attorneys know that each case we handle is unique. While some of our clients may contest their divorce details when it comes to child custody or asset division, others have significant challenges that require a deep dive into their marital circumstances. These cases include high-conflict divorces, where the spouses do not agree on anything and are preparing for litigation only. Other special divorce circumstances may include high-asset divorces or those where the spouses share businesses or substantial property that requires forensic accountants and other financial specialists to value the marital estate properly before it can be divided.

No matter your LGBT family law circumstances, our skilled divorce attorneys will help you navigate the legal process with precision, so you can pursue the best outcome for your unique needs.

Allocation of Parental Responsibilities

Divorced same-sex parents have the right to make important decisions for a child, including their education, religion, extracurricular activities, and healthcare. However, parents in a contested or uncontested divorce will need to establish who can rightfully make these decisions on behalf of the child.

Parental responsibilities can either be sole allocation (allocation to one spouse) or joint allocation (allocation to both spouses).

When all parental responsibilities are given to one parent, they will hold the right to make vital decisions for the child. On the other hand, both parents will make a joint decision after consulting each other when they are allocated joint parental responsibilities.

At Waple & Houk Family law, we are well versed in LGBT parental issues. Whether you have sole or joint parental responsibilities, we can help protect your right to make those vital decisions.

What Are My LGBT Rights in North Carolina?

We are committed to defending the rights of the LGBT community in North Carolina. These rights include:

• Sexual Activity for Same-Sex Individuals in North Carolina: Consensual sexual activity between persons of the same sex is legal.
• Same-Sex Marriage: North Carolina has recognized same-sex marriages since Oct 10, 2014.
• Adopting Minor Children: North Carolina permits same-sex couples to adopt a child.
• Right to Change Legal Gender: North Carolina acknowledges that sex reassignment is permissible by allowing a change of legal gender on an individual’s birth certificate.
• Students: Bullying LGBT students within schools is prohibited
• Military Service: Lesbians, gays, and bisexuals in North Carolina are allowed to serve openly in the military

Why Should I Hire a Charlotte LGBT Family Law Attorney?

LGBT family law is broad and involves quite several nuances. You will be doing yourself a big favor if you retain an LGBT family law attorney. A qualified LGBT lawyer from Waple & Houk Charlotte has the knowledge and experience to deal with your family case. This is why you should consider hiring a Charlotte LGBT family lawyer:

• Knowledge and Experience: Lawyers have years of practice. Thus, they are vastly experienced and knowledgeable in family law matters. As a result, you can expect to get dependable legal counsel and specific information on the legal processes and obligations.
• Asset Division: Many LGBT couples are co-owners of assets like businesses, houses, bank accounts, etc. If the marriage fails, the personal and financial stakes are high. With a qualified and skilled LGBT family attorney in your corner, dividing these assets fairly will not be challenging. An attorney will protect your financial interests.
• Compassionate Support: Nobody understands the plight of lesbians, gays, bisexuals, and transgender people like LGBT family attorneys. Because we know the challenges that the LGBT community faces, we treat our clients with kindness and compassionate support.
• Protection From Creditors: In a divorce, it’s not just the assets that are divided. You and your spouse will split the debts accrued in the course of the marriage. An LGBT family lawyer will oversee the division of debts to ensure each party is responsible for their own accumulated debt.
• Answering Your Custody and Visitation Questions: LGBT family lawyers are well-versed in matter family law. If you have any questions concerning visitation and custody rights, our team at Walpe & Houk can help. We understand that having a relationship with your children is essential. As an LGBT parent involved in a custody battle, we understand that you may have many questions. We have the answers to all your questions, including:
  • How to negotiate a parenting plan
  • How to pursue custody or visitation if you aren’t the biological parent
  • How to protect a child from domestic violence and other forms of abuse

What Is the Difference Between Consent Orders, Parenting Agreements, and Child Custody Agreements in North Carolina?

Consent orders, parenting agreements, and child custody agreements in North Carolina contain much of the same information but are used differently.

North Carolina consent orders are the most common type of plan where parents submit a consent order to the court without the help of a mediator, which becomes a court order once signed by a judge. A consent order may include information on child support payments.

North Carolina parenting agreements detail the terms of custody when parents settle through private or court-mandated mediation. Once a judge signs them, they become court orders. Unlike consent orders, parenting agreements cannot cover child support, and child support details must be settled separately.

North Carolina custody agreements are contracts between parents but are not filed with the family courts. This makes the agreement difficult to enforce. Custody agreements are often part of separation agreements. Unlike parenting agreements, custody agreements can address child support.

Schedule a Consultation Today Regarding Any of Your LGBT Family Law Concerns

LGBT family law is nuanced with complicated processes and contentious issues that require specialized knowledge around marriage and immigration, custody and adoption processes, fiancée or marriage-based visas, name changes, gender changes, prenups, and divorce specific to LGBT individuals.

Waple & Houk has extensive experience in LGBT family law services. Our legal team in Charlotte is passionate about defending the rights of lesbian, gay, bisexual, and transgender people. That’s because our attorneys are dedicated to a great good – we believe that a person’s sexual orientation should not bar them from getting professional family law services.

At Waple & Houk, we are all for standing for what you believe in. We don’t take the responsibility of defending your rights and protecting your future lightly. So, to find out more about our LGBT services and why you can trust us to fight for you, give us a call today or use our online contact form.