Despite the nation-wide recognition of same-sex marriages, gay and lesbian couples are still presented with unique considerations when it comes to parenthood and legal rights. 

Second Parent Adoption

Children born prior to marriage or to unmarried couples

For couples who had or adopted children prior to their ability to legally marry it is important to consult with an experienced same-sex family attorney to discuss what legal action may be necessary to ensure that both parents are protected and have legally established protected parental rights. 

Children born to married couples 

Under the current laws of Kentucky, even if a child is born during the marriage, it is important to speak with an experienced same-sex family law attorney to protect the rights of both parents. When one of the parties to the marriage is the biological parent of the minor child, the non-biological parent can file a second parent adoption petition and be named as an equal parent under the law. Once both parties have become legal parents a new birth certificate can be issued. Same-sex couples should always consult with an attorney to ensure that they know their rights and have taken all necessary steps to protect them.

While the laws applicable to divorcing couples are the same, regardless of the gender of the spouses, the underlying factual circumstances of gay and lesbian couples considering divorce can require an attorney who understands the unique facets of their situation. The attorneys at Durrett & Kersting can help parties in a same-sex marriage navigate their divorce.

Pre and Post Nuptial Agreements

The long history leading up to the countrywide recognition of same-sex marriages has resulted in couples who, despite being in long term relationships, may have been unable to marry. This can often times result in couples sharing their lives and co-mingling their finances for a significant time prior to their marriage. Under the current laws in Kentucky the only assets and debts subject to division during a divorce proceeding are marital assets. Kentucky defines marital assets as "those which are acquired during the marriage." If a couple has been together for a significant time prior to legally marrying they should speak with an attorney about the assets that they would like to consider joint and/or designate as non-marital. This can be done either before entering into a marriage or at any time after the parties are married. Contact an attorney  familiar with issues relating to gay and lesbian couples to discuss your case today.