Same-sex marriages are now recognized in Indiana. The ban on same-sex marriage was found
to be unconstitutional. Like other spouses, same-sex couples may face complex family law
issues. Certain issues, including child custody, can be particularly complicated when same-sex
spouses divorce.
Laura J. Wyatt, P.C. has experience handling same-sex family law matters. She understands
the sensitive nature of family law cases, which are stressful and difficult at the best of times.
She will strive to deliver high quality, affordable legal services and offer a free and confidential
initial consultation to assist you.
Assist With All Types of Family Law Matters:
- Same-sex couple adoption
- Same-sex divorce
- Property division
- Child custody
- Child support
- Parenting time orders
- Divorce
- Custody, support, and parenting time modifications
Same-Sex Couple Adoptions
Adoption may be the most practical way to start a family for many same-sex couples. When one
spouse brings a child into the marriage, the other spouse may choose to adopt the child. Same-
sex second-parent adoptions are treated like stepparent adoptions. It is only possible to adopt
the child if the other biological parent consents or if the court grants a termination of his or her
parental rights.
No state law in Indiana specifically permits second-parent adoptions by a same-sex partner. It is
possible for courts to rule that adoption is not in the best interests of the child. If you are
considering same-sex second-parent adoption, it is strongly advised that you have an
experienced family law attorney by your side to help you pursue your dreams of having a family.
Complications in Same-Sex Custody Issues
When same-sex couples divorce or split up, one of the many complications they face is how
child custody issues are handled. The complexity stems from the fact that children are not
conceived by both parents in same-sex marriages. Only one spouse is a biological parent in
some cases. In other cases, same-sex couples adopt.
In some same-sex marriages, one spouse brings a child from a previous marriage or
relationship, which the new spouse helps to parent. The child may have another living biological
parent. This type of complex family situation can lead to difficulties in determining parental
rights.
Same-Sex Cohabitation Agreements
Recognition of same-sex marriage is a recent development. Many same-sex couples have been
living together under cohabitation agreements and never actually married. When these couples
decide to split up, property division can be complicated by the fact that they were never legally
married.
Same-Sex Divorce
Before same-sex marriage was recognized in Indiana, couples who were married in other states
and wanted to divorce in-state were unable to do so. Now, same-sex couples have the same
right to marry and divorce in Indiana as heterosexual couples. However, same-sex divorce is a
new legal area with additional complications concerning child custody, parenting time, and
visitation.