Divorce for Same Sex Couples in Rhode Island

Providence Area Divorce Lawyer

August 1, 2013, saw the beginning of a new era of marriage equality in the state of Rhode Island. Gay and lesbian couples need no longer experience the legal limbo they've suffered in the past. In addition to obtaining the many state and federal benefits that marriage conveys, same sex couples can now access Rhode Island family courts.

Why is this important?

Until now, same-sex couples could register a domestic partnership, but when they dissolved their relationship, they could not go to family court. If they had a premarital agreement, that document might specify rights to property or support, but lacking that document, a couple could only petition with District Court regarding real estate division . This left child custody, visitation, child support and spousal support issues completely unaddressed.

That unjust situation in same-sex divorce is likely to change.

I am Providence area divorce lawyer William Balkun . I serve on the committee of the Family Court charged with overseeing changes to the rules and procedures in domestic relations law. I have been representing clients in divorce and family law matters for 30 years. I have a broad and deep understanding of the law in this area and will be working diligently with other members of the family court to develop fair and equitable rules that treat same sex families respectfully.

Although my work on this committee can in no way sway the law in my clients' favor, it does mean that I will be well acquainted with all the changes made regarding same-sex divorce.

I can say this, with the arrival of same-sex marriage (and same-sex divorce), spousal support will now be an option. Property division will likely become more robust. It may take a bit longer for new rules and procedures to be developed regarding child custody and financial support.

Previously it was common for one partner in a same-sex relationship to be the biological parent or the adoptive parent of the child. The other parent typically had no legal right to custody or to visitation. I expect we will see this situation change.

Talk to a Rhode Island Divorce Lawyer About Same Sex Divorce

Allow me to guide you through the process of divorce and child custody. Contact The Law Office of William J. Balkun online or call 401-463-5106.

I represent clients throughout Rhode Island including Cranston, Warwick, Providence, East Providence, Johnston, Smithfield, Lincoln, Barrington, East Greenwich, Cumberland, North Providence, North Kingstown, Warren, West Greenwich, North Smithfield, Scituate, Pawtucket, West Warwick, Woonsocket, Glocester, and Tiverton.