Divorce can be challenging for any couple, but LGBTQ+ couples often face unique legal and emotional obstacles. Since the U.S. Supreme Court’s 2015 ruling in Obergefell v. Hodges, same-sex couples have had the legal right to marry—and consequently, to divorce—in all 50 states. However, the practical application of family law for LGBTQ+ couples still varies significantly by state. For those living in West Virginia, understanding what rights LGBTQ+ couples have in divorce is essential to protect their futures and their families.
At Klie Law Offices, we are committed to advocating for equal justice and ensuring that LGBTQ+ clients are treated fairly under West Virginia divorce law. From property division and spousal support to child custody and parental rights, our experienced LGBTQ divorce lawyers in West Virginia are here to help guide you through the complexities of same-sex divorce.
Equal Legal Recognition of LGBTQ+ Divorce
The first thing LGBTQ+ couples need to know is that their marriages—and divorces—are legally recognized in West Virginia. Same-sex couples have the same rights as heterosexual couples when it comes to:
- Filing for divorce in West Virginia
- Equitable distribution of marital assets
- Seeking spousal support or alimony
- Negotiating custody and visitation
- Enforcing child support orders
- Recognizing valid prenuptial or postnuptial agreements
Although the legal framework treats all couples equally on paper, LGBTQ+ families often face extra scrutiny or ambiguity, especially when children or long-term cohabitation prior to marriage are involved.
Residency and Filing Requirements
To file for divorce in West Virginia, at least one spouse must have lived in the state for a minimum of one year. This applies to all divorcing couples, including same-sex spouses. If a couple married in another state and has since relocated to West Virginia, they can still file for divorce here, provided the residency requirement is met.
Our LGBTQ family law attorneys at Klie Law Offices can help you determine where to file and ensure your rights are protected throughout the process.
Property Division in Same-Sex Divorce Cases
West Virginia is an equitable distribution state, meaning marital property is divided fairly, not necessarily equally. For LGBTQ+ couples, property division can become more complicated due to factors such as:
- Cohabitation before legal marriage
- Property acquired jointly before marriage
- Joint accounts or real estate held under both names
- Financial contributions of a non-working or lower-earning spouse
A skilled LGBTQ divorce lawyer in West Virginia will work to ensure that the court considers the full scope of your relationship, including years of cohabitation or joint asset ownership that preceded legal marriage.
Spousal Support and Alimony for LGBTQ+ Couples
Spousal support, also known as alimony, may be awarded in LGBTQ+ divorces just as it is in other divorces. Factors considered include:
- Duration of the marriage
- Financial disparity between spouses
- Age, health, and earning capacity of each spouse
- Contributions to the household or partner’s career
For same-sex couples who were together long before marriage was legally recognized, it is crucial to present evidence of the relationship’s duration and dynamics. Our same-sex divorce attorneys at Klie Law Offices can help build a compelling case for fair spousal support based on your unique situation.
Child Custody and LGBTQ+ Parental Rights
Child custody is often the most emotional and complex part of an LGBTQ+ divorce. While West Virginia courts are supposed to prioritize the best interests of the child, complications can arise when only one parent is a biological or legal parent.
Legal hurdles may include:
- One partner not having formally adopted the child
- Use of surrogacy or sperm/egg donors
- Lack of second-parent adoption
Non-biological parents may face challenges in asserting custody or visitation rights. Our LGBTQ custody rights attorneys in West Virginia work tirelessly to ensure that both parents can maintain strong relationships with their children when they have been equally involved in parenting.
Child Support in LGBTQ+ Divorce Cases
Both legal parents in a same-sex divorce are responsible for supporting their children. West Virginia uses an income-share model to determine child support, factoring in:
- Each parent’s income
- Time spent with the child
- Costs for health insurance and child care
LGBTQ+ parents may find that child support obligations are contested if only one partner is the legal parent. An LGBTQ child support lawyer can help you prove parentage and enforce or defend against support claims.
Domestic Violence and Protective Orders
Domestic violence can affect couples of any gender or sexual orientation. West Virginia offers protective orders for LGBTQ+ individuals experiencing abuse. These orders can:
- Prevent an abuser from contacting or approaching the victim
- Grant temporary custody or child support
- Require the abuser to move out of the home
If you are in danger, Klie Law Offices can help you file for immediate legal protection.
Prenuptial and Postnuptial Agreements
LGBTQ+ couples can and should use prenuptial or postnuptial agreements to outline how property, debts, and spousal support will be handled in the event of a divorce. These agreements are especially useful in:
- Blended families
- High-asset relationships
- Business ownership situations
Klie Law Offices helps same-sex couples draft and enforce legally sound agreements that provide clarity and protection.
Why Choose Klie Law Offices?
At Klie Law Offices, we provide compassionate legal support to LGBTQ+ clients across Buckhannon, Parkersburg, Clarksburg, and Morgantown. We are proud to be an LGBTQ-friendly law firm in WV, advocating for equality in family law, divorce, custody, and beyond.
- In-person and online consultations
- Legal guidance tailored to LGBTQ+ family dynamics
- Strong advocacy in and out of court
Whether you need help with child custody, asset division, or understanding your legal rights in a same-sex divorce, our firm is here to help you move forward with confidence.
Contact us today to schedule a confidential consultation with a West Virginia LGBTQ divorce attorney who understands your needs and will stand by your side every step of the way.
