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Same Sex Divorce

Las Vegas Same-Sex Divorce Attorney Protects Parental and Property Rights

Nevada family lawyer assists in all aspects of gay marriage dissolution

Same-sex marriage is recognized in Nevada as holding the same status as traditional marriage. Whether you are a same-sex spouse or plan to become one, you should understand your rights and responsibilities as you enter matrimony. And if you need to end your marriage, you should retain an attorney who will handle your divorce effectively with a view to protecting your interests. At Miley Law Firm, I understand the issues involved in same-sex divorce and will be honored to work with you.

Knowledgeable attorney explains same-sex marriage laws

Same-sex marriages have been legal in Nevada since 2014, when a federal court struck down a state prohibition against them. Previously, same-sex couples could only enter into domestic partnerships, which provided most of the same rights under state law as marriages but required the domestic partners to share a residence. Since 2014, married couples of the same gender have the same rights as couples of the opposite sex, with no cohabitation requirement. However, unlike domestic partnerships, which may be dissolved by a simple declaration of termination, same-sex marriages can be ended only by a formal divorce.

Dedicated lawyer represents spouses in same-sex divorces

As with any married couple, hopes for a life-time commitment in same-sex marriage are not guaranteed to work out. When the marriage breaks down, the rules for divorce are the same for same-sex as for heterosexual couples.

Nevada recognizes three grounds for divorce:

  • Separation for at least one year
  • Incompatibility of the spouses
  • Insanity of a spouse for at least two years

The divorcing couple must reside in Nevada for at least six weeks before filing. Whether the divorce is contested or uncontested, the court proceeding will have to resolve such issues as property division, alimony and child support. Regardless of the circumstances, I handle divorces for same-sex clients just as I do with divorces in traditional marriages, but with sensitivity to unique issues that may arise.

Thorough family lawyer addresses child custody in same-sex divorces

The issue that is most likely to cause special problems for a divorcing same-sex couple is child custody, since only one spouse is the biological parent. There are two possible scenarios.

The normal rules of child custody will apply, based on the best interests of the child, when both same-sex spouses are considered legal parents of a child. This is the case if the child is:

  • Born during their marriage or domestic partnership
  • Adopted by the non-biological spouse or partner
  • Adopted by both of them

But a same-sex spouse or partner who is not the legal parent of a child may get custody only in one of these situations:

  • The child’s legal parent consents
  • The court finds that custody to the legal parent would be detrimental to the child and custody to the non-biological parent would be in the child’s best interests

If a child is born through an egg or sperm donor, that person is one of the child’s biological parents. A donor who asserts parental rights like custody or visitation can further complicate a divorce. The court might deny the claim of a donor who played no part in the child’s life, but it’s wise for same-sex couples to avoid such a dispute by seeking the donor’s waiver of parental rights and by having the non-biological partner adopt the child. I can advise same-sex spouses on any child custody issues that may arise. When there are contests, I assert the strongest case I can for my client’s preferred results.

Contact a knowledgeable Nevada same-sex divorce lawyer for a consultation

The Miley Law Firm advises and represents partners in Nevada same-sex marriages and domestic partnerships with regard to divorce and other family law issues. Please call 702-850-3600 or contact me online to make an appointment for a meeting at my Las Vegas office.

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Client Testimonials
  • ""Wow!! Mr. Miley was amazing. His office ladies are awesome as well. He more than took care of my citation. I can’t thank him enough. In Las Vegas it’s hard to find an honest attorney. Well he is more than that as he treats you like a real person. Thank you!" " - Michelle H.

  • "They made a difficult situation (divorce) easier to deal with. All of the staff are polite and professional." " - Marie M

  • "This law firm helped me tremendously. I ended up in a really nasty Divorce battle that scared the heck out of me. Miley was extremely confident and understood the law (and what protected me) and he put a plan together that got me the exact results he said it would. His office Manager Pam was as professional as they get. She always answered my calls and she was very prompt with whatever needed to be done (filing motion paperwork, mailings, etc). The work this team did was worth every dollar I spent." - ognewwavy

  • "Mr. Miley has handled my child custody case for years and I can always count on him to always do a great job and I trust him. I recommend him without any doubt. He will do a phenomenal job." - Freddie Mateo jr

  • "I met with Miley on two occasions once for a consultation the other to decide if I'd use his service. Miley comes off as a strong attorney that will get you remedy(like most attorneys) which is good bc they want new clients. His staff is friendly & professional when it comes to there client needs. However, I never used Miley Law Firm because at each meeting I felt rushed as if Miley wasn't listening to what I needed achieved but wanted me to pay to get started. That was a problem for me my situation was very complex and needed to be evaluated thourghly to represent me. I didn't see Miley doing that in fact all I saw coming was invoices in the near future from Miley not breaking my case down strategically. " - Paris Baker

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