Williams Divorce & Family Law practice includes representing individuals in LGBTQIA+ divorce and family law matters.
As an LGBTQIA+ individual, will I encounter bias from the court?
The civil rights laws in Minnesota do not allow the courts to discriminate against LGBTQIA+ individuals. While we have encountered bias against other protected classes, in our practice, we have not encountered any bias against our LGBTQIA+ clients.
My partner/spouse had a child before we were married. Now that we are married, can I adopt them?
Yes. If your partner/spouse is the only person with parental rights for the child, then an adoption can proceed. If there is another person with parental rights, your adoption of the child would require that parent’s voluntary termination of parental rights in conjunction with your adoption of the child.
My partner and I were together for many years, but married in just the last few years. My partner has been a stay-at-home parent. Will the court award alimony?
In general, the right to alimony depends on how long you have been married, not how long you have been together, but the law requires the court to make a fair and equitable determination of alimony under the circumstances.
How does the family court deal with gender transition in a custody case?
The court will either adopt the parties’ agreement with regard to custody and parenting time, or make a determination based on what is in the child’s best interest. While the judge ultimately rules on this issue, the court’s decision usually is based on testimony from one or more custody professionals regarding the child’s best interest. The parties can agree on a custody expert. If the parties don’t agree, then each party will have their own custody expert.
Other
This page on the MN government website provides resources that outline your rights.
There are a few other posts on this topic on our blog.