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Divorce can be more complex for gay couples

While most married couples in Wisconsin or elsewhere do not assume that their marriages will end in divorce, same-sex married couples are finding that there may be obstacles in obtaining one. As a result, same-sex couples currently divorce only half as often as do heterosexual couples, but that may change as such marriages become more common and as legal barriers get resolved.

Perhaps the biggest pitfall to same-sex divorce occurs when couples are legally married but now reside in a state that does not recognize those marriages. Courts in those states will not grant a divorce for a marriage that under their laws never occurred. One solution would be to try to establish residency in a recognition state in order to qualify for a divorce, but this can be costly and time-consuming. A prenuptial agreement will not legally terminate a marriage, but it can provide for a division of property and help couples move on with their financial lives if they decided to split up.

Another issue can arise when a couple cannot agree to a custody arrangement. When a non-biological parent wants to share custody with a biological parent, problems can arise in the event of a disagreement. The best way to avoid such an issue in the future is for the non-biological parent to legally adopt the child at the time of birth. Even states that do not allow same-sex divorce will be required to recognize the adoption.

Same-sex couples who have questions or concerns about their marital or parental rights may wish to speak with an attorney who has experience in family law. The attorney may be able to give them advice and counsel concerning such matters as divorce and child custody.

Source: CNBC, “Gay couples find divorcing has traps“, Judith Messina, October 16, 2013

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More grandparents have custody of grandchildren than ever before

Many Wisconsin residents may be interested to learn that, according to a report published on Aug. 5, more grandparents have custody of their grandchildren than ever before. Across the nation, the number of children who are in the care of their grandparents has doubled from 2.4 million in 2000 to 4.9 million in 2010.

In some cases, children may often be placed with their grandparents if their biological parents can no longer take care of them. This is because individuals who are responsible with placing children into different homes usually attempt to place the child with relatives or close acquaintances who know the child before resorting to other options. Grandparents are often preferred because, in most cases, they can provide a stable, caring home for the child when the biological parents are simply unable to.

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Changing a minor’s name in Wisconsin

Depending on the facts in the case, it may be possible to change a minor’s name to the mother’s maiden name after a divorce. A judge will have to determine that ordering such a change is in the best interest of the child. The court will look at how long the child has had the name and whether the change could cause harm to the child in the future.

While children have typically kept their father’s name in the past, courts do not always side with tradition. If the child has a stronger relationship with the mother than with the father, it may be better to allow the child to use the mother’s maiden name. However, a court may also rule that the child keeps the father’s last name as long as he performs his duties as a parent.

If the mother gets remarried, the child’s stepfather may ask that the entire family take the new father’s last name. It may also be possible for the children to revert back to the mother’s maiden name as part of the adoption process. Regardless of what name the child takes, it does not change child support, visitation or custody rights and obligations previously ordered by the court.

Consulting with a family law attorney may be worthwhile whenever a dispute arises during or after a divorce. It may be possible to get the parents together to resolve issues such as what name the child will take through mediation instead of going to court. However, an attorney may be available to represent a parent in court if necessary.

Source: Findlaw, ‘Changing Your Name After Divorce”, Accessed on Jan. 16, 2015

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