Indianapolis Same Sex Marriage Attorney
Same sex marriages are now recognized in Indiana. The ban on same sex marriage was found to be unconstitutional. Like other spouses, same sex couples may face complex family law issues. Certain issues, including child custody, can be particularly complicated when same-sex spouses divorce.
Our family law attorneys at Trapp Law, LLC in Indianapolis, IN have significant experience handling same sex family law matters. We understand the sensitive nature of family law cases, which are stressful and difficult at the best of times. We strive to deliver high quality, affordable legal services and offer a free and confidential initial consultation to assist you.
Family Law Services We Provide to Same Sex Spouses
Our experienced lawyers understand the challenges same sex couples face, and we know the options available to resolve cases. We can assist you with all types of family law matters, including:
- Same sex couple adoption
- Same sex divorce
- Property division
- Child custody
- Child support
- Parenting time orders
- Custody, support, and parenting time modifications
Same Sex Couple Adoptions
Adoption may be the most practical way to start a family for many same sex couples. When one spouse brings a child into the marriage, the other spouse may choose to adopt the child. Same sex second parent adoptions are treated like stepparent adoptions. It is only possible to adopt the child if the other biological parent consents or if the court grants a termination of his or her parental rights.
No state law in Indiana specifically permits second-parent adoptions by a same sex partner. It is possible for courts to rule that adoption is not in the best interests of the child. If you are considering same sex second parent adoption, it is strongly advised that you have an experienced family law attorney by your side to help you pursue your dreams of having a family.
Complications in Same Sex Custody Issues
When same sex couples divorce or split up, one of the many complications they face is how child custody issues are handled. The complexity stems from the fact that children are not conceived by both parents in same sex marriages. Only one spouse is a biological parent in some cases. In other cases, same sex couples adopt.
In some same sex marriages, one spouse brings a child from a previous marriage or relationship, which the new spouse helps to parent. The child may have another living biological parent. This type of complex family situation can lead to difficulties in determining parental rights.
Same Sex Cohabitation Agreements
Recognition of same sex marriage is a recent development. Many same sex couples have been living together under cohabitation agreements and never actually married. When these couples decide to split up, property division can be complicated by the fact that they were never legally married.
Same Sex Divorce: New Legal Territory
Before same sex marriage was recognized in Indiana, couples who were married in other states and wanted to divorce in-state were unable to do so. Now, same sex couples have the same right to marry and divorce in Indiana as heterosexual couples. However, same sex divorce is a new legal area with additional complications concerning child custody, parenting time, and visitation.
Our Indianapolis family law attorneys at Trapp Law, LLC are well-versed in the law, with extensive experience in all types of family law matters. We understand that no two cases are the same and develop creative and custom solutions to meet the needs of the individuals we serve. Contact us for dedicated legal assistance in same sex family law matters.