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Being Prepared for Divorce as an LGBTQ+ Person

Divorce can be a challenging experience for anyone, and it is no different for LGBTQ+ individuals. In a world where legal protections and societal acceptance continue to evolve, being prepared for the unique aspects of divorce as an LGBTQ+ person is crucial. Here are some important considerations for an LGBTQ+ person considering a divorce.

Understanding Legal Rights

While Maryland legalized same-sex marriage in 2013, and the Supreme Court legalized same-sex marriage nationwide in 2015, there are still some unique aspects of LGBTQ marriage that need to be considered. For example, a same-sex couple that had a marriage ceremony before marriage became legal may have some complications when it comes to dividing assets and other aspects of divorce. In addition, child custody may be complicated in a same-sex relationship where the child is biologically related to one parent and not the other. Not all family law practitioners have experience with these issues, so it is critical to work with an experienced practitioner who is experienced and sensitive about LGBTQ+ marriage.

Finding Supportive Resources

Going through a divorce can feel overwhelming, and heterosexual resources for getting a divorce may not be comfortable for an LGBTQ+ person. Reaching out for support can make a significant difference for someone who feels isolated during the divorce process. Rather than go it alone, seek out LGBTQ+-friendly support groups, online communities, and counseling services specifically tailored to divorce and relationship dissolution. These resources can offer a safe space to share experiences, gain insight, and receive emotional support from individuals who have faced similar challenges.

Prioritizing Self-Care

Divorce can take an emotional toll on anyone, regardless of their sexual orientation or gender identity. It is essential to prioritize self-care throughout the divorce process. It is critical to take care of your mental health during the process, especially if you are an LGBTQ+ parent. Engage in activities that bring you joy, practice self-compassion, and seek professional help if needed. Surround yourself with a supportive network of friends, family, or therapists who understand and respect your identity.

As an LGBTQ+ individual, being prepared for divorce involves understanding your legal rights, seeking supportive resources, and prioritizing self-care. By empowering yourself with knowledge and support, you can navigate the unique challenges that may arise during the divorce process and emerge stronger and more resilient. Remember, you are not alone, and there is a community ready to support you every step of the way.


Thank you for reading our blog! 

If you need legal representation in Maryland or the District of Columbia, consider contacting Malech Law. With over 25 years of experience, we are committed to providing excellent service to our clients. Our accolades include the 2024 Family Law American Association of Attorney Advocates recognition, being a finalist in the 2024 Best of Bethesda Readers’ Pick for Best Family Law Practitioner, and winning the same award in 2022. We’ve also been honored with the Lawyers of Distinction Award for Excellence in Divorce and Family Law for the past five consecutive years. At Malech Law, we approach every case with respect, empathy, and a dedication to excellence. Contact us today for professional legal assistance.

Visit Malechlaw.com or call (202) 441-2107.

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