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Everything you Need to Know About Your LGBTQIA Divorce in Oregon

By July 6, 2022July 5th, 2023Divorce

Divorce sucks… regardless of sexual preference or identity. It still sucks. 

For those going through an LGBTQIA divorce, there are a few additional factors that you need to consider – and these factors can differ depending on which state you live in.

From our divorce mediation team at Mediation Northwest, here’s everything you need to know about a LGBTQIA divorce in Oregon.

1. Length of Your Oregon Marriage

How long you have been “together” vs. how long you have been married makes a difference in an Oregon LGBTQIA divorce. 

For those who were only able to legally get married in the past several years, the length of their relationship needs to be taken into account.

So, if you were together for 15 years before the U.S. Supreme Court intervened and declared that adults can marry each other regardless of gender, then that initial 15 years before the Supreme Court’s intervention will likely be taken into account. 

Why does it matter? The length of the marriage is a primary factor when determining spousal support. 

This means that if you were only married for the last several years simply because you weren’t allowed to legally marry, but you were engaging in all “married” behaviors (sharing money, sharing chores, sharing assets, sharing liabilities), then the length of the relationship and not solely the length of the marriage is a very important factor.

2. Shared Property in an LGBTQIA Divorce in Oregon

Additionally, if you and your spouse acquired property during that “pre-marriage” timeframe when you were essentially acting married, then those assets may be at play, too, depending on your unique circumstances.

That also means that the liabilities acquired during that “pre-marriage” timeframe when you were essentially acting married, are also likely to be at play, too, depending upon your unique circumstances.

3. Children in an LGBTQIA Divorce in Oregon

Finally, you may have either adopted, had children naturally, or hired a surrogate. 

If this happened during that “pre-marital” stage, then the law isn’t as inclusive as it should be. 

Here’s the truth: our littlest humans don’t care what the law says. They simply want to continue to love, and be loved by, each parent. 

At Mediation Northwest, we put kids first. If this is your situation, we promise we will have intentional and graceful conversations about what your kids deserve and need.

Oregon Mediation for LGBTQIA Divorces

If your relationship has any of these factors, it’s important to hire an attorney-mediator. Do not settle for a non-attorney mediator. 

Your situation has unique complexities that the law didn’t account for with the Supreme Court’s decision. 

It must be handled with an experienced hand so that you and your spouse each feel the division of assets and liabilities is fair based upon your intentions during that “pre-marital” stage. 

At Mediation Northwest, our attorney-mediator Julie Gentili  doesn’t just have 20+ years of experience guiding people through this process: she’s gone through it herself. She has intentionally designed a unique divorce mediation process to help couples reach fair conclusions.

If you want a divorce mediator who can properly handle your finances, tend to your emotions, return your calls and emails, and doesn’t let your case get stale – all while remaining mindful of the unique challenges of an LGBTQIA divorce – then give us a call.

Contact Mediation Northwest for a consultation in Oregon today

Here at Mediation Northwest, our boutique divorce mediation firm handles all aspects of the divorce, from beginning to end, with care and compassion. If you’re ready to get started, click here to schedule a consultation.

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