Birmingham Same-Sex Divorce Lawyer
Representing LGBT+ Families in Alabama for Over 20 Years
As an attorney who has practiced law in Alabama for more than 20 years, I have seen a lot of changes to the law that affect same-sex couples. I have also seen a lot of changes in attitudes about LGBTQ+ individuals. I am proud to represent LGBTQ+ clients and I am committed to providing the same high-quality, compassionate representation to all my clients.
If you are considering filing for divorce in Alabama, you may be facing many new and confusing challenges. I can help you to navigate the divorce process and work to obtain favorable outcomes for you and your family.
If you are ready to get started, please call my office at (205) 984-1915 or fill out our online form to book a consultation.
Same-Sex Divorce and Alimony in Alabama
When it comes to divorce, there are many important decisions to be made. One important decision to make is whether you will file for divorce as an "uncontested" divorce or a "contested" divorce. An uncontested divorce is one in which the parties agree on all the terms of the divorce, such as property division, child custody, child support, and spousal support (alimony). A contested divorce is one in which the parties do not agree on all the terms of the divorce. In a same-sex divorce, there are three important issues to consider: property division, child custody, and spousal support (alimony).
Property Division in AL
Alabama is an "equitable distribution" state, which means the court will distribute marital property equitably, or fairly, between two spouses. In determining how to divide the property, the court will consider the contribution of each spouse to the acquisition of the property, the value of the property, and other factors. In a same-sex divorce, the court will apply the same analysis to the property division as it would in a divorce between a man and a woman.
When determining child custody, the court will apply the best interest of the child standard in determining who the child should live with. The best interest of the child standard requires the court to look at the physical, mental, and emotional health of the child as the most important factor in deciding the child's custody. The court will also consider the willingness of each parent to be the custodial parent and the ability of each parent to meet the needs of the child. In a same-sex divorce, the court will apply the same best interest of the child standard to the custody determination as it would in a divorce between a man and a woman.
Spousal Support (Alimony)
When determining spousal support, the court will apply the need-and-ability standard to determine whether spousal support will be awarded and the amount of support if awarded. The need-and-ability standard requires the court to consider the needs of the spouse requesting support and the ability of the other spouse to pay support. In a same-sex divorce, the court will apply the same need-and-ability standard to the spousal support determination as it would in a divorce between a man and a woman.
Contact my office to learn more about how these and other divorce issues may affect your LGBTQ+ divorce in Birmingham.
Birmingham LGBTQ+ Divorce FAQ
What rights do LGBTQ+ couples have when seeking a divorce in Birmingham, Alabama?
LGBTQ+ couples are entitled to the same legal rights as heterosexual couples in matters of divorce. This includes issues related to the division of assets, child custody, and spousal support. Courts focus on equitable treatment and prioritize the best interests of any children involved.
Are there unique challenges LGBTQ+ couples may face in the divorce process in Alabama?
While legal rights are the same, LGBTQ+ couples may face unique challenges such as societal bias or disputes over parental rights, particularly if one parent is not biologically related or legally recognized. An experienced attorney can help address and overcome these challenges effectively.
How does the division of assets work in an LGBTQ+ divorce?
Asset division is guided by the principle of equitable distribution, meaning assets are divided fairly, though not necessarily equally. Factors include the marriage duration and contributions by each spouse. The aim is to reach a fair settlement for both parties.
How do Alabama's state laws impact LGBTQ+ divorces?
Alabama's laws apply uniformly to all divorces, regardless of sexual orientation. Staying informed about legislative changes or court rulings is important, as these could influence the divorce process. An attorney can provide current legal advice tailored to your needs.
Filing for Divorce in Alabama
Same-sex couples filing for divorce in Alabama must meet the residency requirements in order to file for divorce in the state. For a non-resident, this means the person filing for divorce must have resided in Alabama for at least 6 months prior to filing for divorce.
Residency Requirements to File for LGBTQ+ Divorce in AL
You may be eligible to file for divorce if:
- You are a resident of Alabama;
- Your spouse is a resident of Alabama; or
- Either you or your spouse are residents of the state when you file for divorce.
Once you have decided to file for divorce, you must make sure that you have all of the necessary paperwork with you to file for divorce.
You will need to bring with you to the courthouse:
- A copy of the marriage certificate;
- A signed affidavit of certification; and
- If you are filing for divorce based on fault, you will also need to bring with you a copy of the complaint for divorce.
Reach out to my office to discuss your LGBTQ+ divorce in Birmingham.
-
“Great lawyer and dedicated to justice for her clients.”
- JamesMrs Robinson is dedicated to Justice and fairness. She is knowledgeable. And honest. She is the best investigative lawyer I've ever known. She don't stop until Justice is served. Mrs Robinson is honest and reasonable and will tell you the truth. Her courtroom knowledge is second to none. She is family oriented. Has a great attitude and is all around a special person. I would recommend her to any one.
-
“She communicated with me throughout the process.”
She got pretrial diversion for me in my case. She communicated with me throughout the process. She also did not have to return to court with me for the final step but she did!- LeAnn -
“GETS RESULTS!!!! PHENOMENAL ATTORNEY!”
I have personally watched Ms. Robinson in open court, and she is exactly what you want! She is THE quintessential attorney! Don't hesitate to contact her, she will immediately start working and your case, and she won't disappoint!- David -
“She went above and beyond”
Due to a misunderstanding, a warrant was issued in Alabama, even though we live in Virginia and hadn't been to Alabama for many years. We were apprehensive about the possibility of traveling to Alabama during these uncertain times. Luckily, Ms. Robinson was able to quickly and professionally interact with local law enforcement and the district attorney's office to get the case dismissed without us having to be there. Throughout her handling of the case, she went above and beyond to make sure we were aware she was doing everything in her power to assist us. We are deeply appreciative of her and her efforts and would HIGHLY recommend her to anyone needing representation.- Lynn -
“Amazing and highly recommended.”
I contacted Ruth Robinson on a Saturday regarding a warrant that was issued for failure to appear. On Monday, she filed a notice of appearance as my attorney and filed a motion to have the warrant recalled. The court told her they’d recall the warrant and set a new court date. Ruth was very professional, diligent, and went above and beyond for me. She listened to everything I told her, requested me to send her several screenshots and filed the necessary paperwork to get the warrant recalled and a new court date. Amazing and highly recommended if you want or need someone who is passionate about practicing law and treating you like you’re a priority.- Terry -
“I trust her completely and she has always worked hard for me.”
Ruth Robinson is a thorough and passionate criminal defense attorney. When I found myself facing criminal charges for something that was completely bogus in a corrupt governmental atmosphere, she has worked with me diligently and continues to do so. I trust her completely and she has always worked hard for me. Better than any attorney I could ask for through and through.- Anonymous
