Preparing For A Same-Sex Couple Contested Divorce


With same-sex marriage now legal in North Carolina and around the country, it is likely inevitable that some of these couples will see their relationship coming to an end. When a divorcing couple cannot come to terms, then a family court must intervene, and both parties must prepare for the processl. Going to court without an attorney is not recommended because court procedures tend to be complex. Furthermore, if the other spouse has legal representation, then the person without an attorney could be at a significant disadvantage.

When choosing among attorneys, it is recommended that one that focuses on family law matters be selected. An ideal candidate would be able to explain all options and be calm in the courtroom. A person should not hesitate to make inquiries about the attorney’s divorce litigation experience and how the case will be handled. The attorney should be willing to support the client’s specific goals and then outline the steps for presenting them in court.

Although feelings can run hot during a divorce, a person should resist the temptation to choose an overly aggressive attorney. Adversarial tactics might alienate a judge and draw out the process, which will result in higher legal fees.

Of course, even after a case has been filed, the couple may be able to work out an agreement on one or more divorce legal issues. This could save each party quite a bit of time and expense. During negotiations, however, it is important that each spouse has separate legal representation. Once an accord has been reached, it can be presented to the court for its approval.