Same-Sex Divorce

With new laws regarding legal same-sex marriage in Wisconsin, family law courts now face the reality of same-sex divorce. Although the process is exactly the same as divorce between heterosexual spouses, the issues are often more complicated, particularly if children are involved.

The lawyers of Brazil & Benske, LLC, practice exclusively in the area of divorce and family law. Same-sex marriage is still new in Wisconsin, which makes same-sex divorce unchartered territory. It makes sense to put your divorce in the hands of a law firm you can trust with confidence. We know the legal process, and we know the issues which are likely to arise regarding the property settlement, parenting rights and spousal support.

About Custody, Placement And Parenting Rights

It is not unusual for either spouse in a same-sex marriage to have a child from a previous relationship. In cases where the couple adopted the child at the time of the marriage, the custody and placement laws follow many of the guidelines the courts use when determining custody or placement in any divorce. However, same-sex couples who chose not to adopt will face additional complications regarding the non-custodial parent, with whom the child may have come to develop a strong relationship.

Our attorneys have handled thousands of child custody and placement cases involving parental rights of the stepparent, grandparents and extended family members when the married couple chose not to adopt. Remember that while the noncustodial stepparent may not have a legal claim to joint custody or placement, the courts will always place the child's best interests first. We have extensive experience negotiating fair and reasonable parenting time in these types of circumstances.

Is a separation agreement necessary?
Because of the unique circumstances and challenges the courts face with same-sex marriage and divorce, a separation agreement may be a good option for you and your spouse. If you have an unusual situation regarding a child or property owned by either spouse prior to the marriage, a signed legal separation agreement allows you to work out a temporary arrangement that protects your rights and interests as you work toward a permanent solution. We can explain how legal separation works and whether you might benefit in the weeks or months leading up to your divorce.

This Is New Territory For All Of Us. Trust Our Experience Handling Divorce.

Call our offices in Milwaukee at 414-939-0468 or send an email with a brief explanation of your circumstances. We will reply promptly to arrange an opportunity to discuss your divorce as soon as possible.