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Making the decision to end your relationship is never an easy one. If you are in a same-sex marriage, you may feel a unique sense of disappointment when your relationship ends due to the only recent nationwide legality of LGBTQ marriages in 2015. However—whether you are in a straight or gay marriage—sometimes things just do not work out. In such instances, it is in your best interest to reach out to an experienced divorce attorney.
One of the knowledgeable lawyers at our firm could explain all the legal requirements in Chattanooga LGBTQ divorce cases so that you can move forward with proceedings as smoothly as possible.
The state of Tennessee requires that all couples who file for a divorce, whether LGBTQ or not, file on a ground. A couple may claim they have irreconcilable differences or that they simply cannot get along, which would be considered a no-fault divorce. Alternatively, one spouse could cite a specific reason for the split that places blame on the other, such as the spouse having an affair or abusive behavior. Regardless of the reason, the law requires that same-sex couples state a ground in the legal complaint in order to get divorced in Chattanooga.
In order for a local Chattanooga court to hear a divorce case, at least one spouse must have lived in the state of Tennessee for at least 6 months prior to filing for a same-sex divorce. Whether it is the spouse who is filing for divorce or the spouse who is being served the divorce, one of the two must have residency in order for the court to have the legal jurisdiction to move forward with the case.
There is a mandatory waiting period to proceed with a divorce in the state of Tennessee, for both homosexual and heterosexual couples alike. Though, the waiting period is dependent on certain factors. If a couple has minor children together, they must wait 90 days to move forward with their divorce case. However, if a couple has no children or if their children are older than 18 years old, then they only have to wait 60 days before the court will proceed.
Many people are unaware of this legally enforced waiting period, and when it comes time to file their LGBTQ divorce in Chattanooga, they are surprised and often frustrated that they cannot make things official more quickly. Some spouses may opt to be legally separated prior to an official divorce so that they can cut ties from their partner sooner rather than later.
After you and your spouse have agreed to split, you may be unsure of how to proceed. Deciding to end your marriage can be a highly emotionally and mentally taxing process in its own right—once you add in all of the legalities, you are likely feeling stressed and overwhelmed.
Allow one of the seasoned lawyers at our firm to handle the entire legal process for you. Our well-practiced attorneys understand the legal requirements in Chattanooga LGBTQ divorce cases and could ensure your case proceeds as quickly as possible and without any lengthy legal roadblocks. Call today to schedule a consultation.