LGBT Divorce

Birmingham Same-Sex Divorce Lawyer

Representing LGBT Families in Alabma 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

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.

Child Custody

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 divorce.

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

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.

For more information on filing for divorce

  • “Great lawyer and dedicated to justice for her clients.”

    Mrs 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.

    - James
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    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!
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  • Member of the Alabama State Bar Family Law Section
  • Birmingham Bar Association
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