Same-Sex Divorce and Family Law

Nashville Family Law and Divorce Lawyers Helping Same Sex Couples Resolve Conflict

Protecting the rights of LGBTQ clients throughout Tennessee

Thanks to Obergefell v. Hodges, a landmark decision of the United States Supreme court on June 26, 2015, marriage equality is the law of the land. Same-sex marriage is now recognized the same as opposite sex marriage, with all the same rights and privileges. Prior to the SCOTUS ruling, same-sex marriage was forbidden under Tennessee law, but now it is legal in every state in the U.S.

When you work with the same-sex divorce attorneys at Miller Upshaw Family Law, PLLC, you will enjoy the benefit of our more than 30 combined years of family law practice. We are thoroughly familiar with Tennessee law, and we have gained valuable, firsthand experience from guiding our LGBTQ clients through the difficulties of divorce. Whether you are anticipating a contentious custody battle, or a complex division of assets, we will be by your side protecting your interests and assuring the best outcome possible for you.

Legal issues related to same-sex marriage in Tennessee

Tennessee does not always make it easy for same-sex couples to divorce, but certain laws apply to everyone, no matter whom they married. At our firm, you work with experienced Nashville same-sex family lawyers who can handle complex claims involving:

  • Divorce. Tennessee has residency requirements before divorce can be filed, there must be grounds for divorce, or you can choose the no-fault ground of irreconcilable differences if both parties agree.
  • Child custody. Deciding child custody can be complicated in cases when both parties are not legal parents of the child.
  • Child support. If both parties are legal parents, then child support is the same as for opposite sex couples.
  • Property Division. Asset division can be as simple as deciding who gets the house, or as complex as valuing businesses and foreign property and investments.
  • Spousal support. One of the parties may have to pay or one may receive financial support depending on several factors in the law.

Potential complications with same-sex divorce

Every marriage has its own story and every divorce its own particular issues to work through, whether the parties are of the same or opposite sex. Given that same-sex marriage has been legal for such a short time in our history, and many of our clients have been in bonded relationships with their now-spouses for years or even decades prior to their official wedding date, there may be some complications to address about previous legal agreements the parties may have made before the law recognized their union.

We can help you sort out differences about what is separate and what is marital property in light of co-mingling bank and investment accounts before the parties were legally married. A couple may have made binding commitments decades earlier that we will address in light of the marriage and divorce.

In the end, there are no winners or losers when a marriage ends. Ideally, each party will walk away feeling as if things were settled satisfactorily. We guide our clients towards making decisions that will help them to resolve the marriage and establish their new lives after the divorce is final.

We are passionate advocates ready to protect your rights in same-sex divorce

Our Nashville same-sex divorce attorneys understand the unique challenges that same-sex couples face when it is time to dissolve the marriage. Whether you are dealing with a child custody dispute or complex property division, at Miller Upshaw Family Law, PLLC, we help you navigate the often-acrimonious process of resolving domestic disputes. With offices on Woodland Street in historic Edgefield, our Nashville office is close to the courthouse and offers free parking. We are proud to serve clients throughout Nashville, Franklin, Hendersonville, Brentwood, Murfreesboro, Gallatin, Lebanon, Mt. Juliet, and Dickson. You are welcome to call us at 615-454-9899 or contact us to schedule a consultation with a skilled Nashville same-sex divorce lawyer today.

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