Wisconsin Same-Sex Divorce Lawyers

Wisconsin law recognizes the rights of lesbian, gay, bisexual, transgender, and queer members in the family law context. In addition to dissolution proceedings, our attorneys work with LGBTQ clients in family building, including adoption, gestational surrogacy, and sperm/egg donor contracts.

According to Wisconsin State Statute 765.01, Same-sex couples may exercise the fundamental right to marry in all states. The right to marry is a fundamental right inherent in the liberty of the person, and under the Due Process and Equal Protection Clauses of the 14th Amendment couples of the same-sex may not be deprived of that right and that liberty. Obergefell v. Hodges, 576 U.S. 644, 135 S. Ct. 2584, 192 L. Ed. 2d 609 (2015).

The lawyers at Divergent Family Law help same-sex couples navigate the Wisconsin divorce legal system so they can win the best possible outcome for their families. Divorce can get messy, so it’s important to hire an experienced family law attorney that knows what it takes to “win” a divorce case. Our same-sex divorce lawyers help Wisconsin couples with a collection of legal issues, including:

• Divorce
• Child Custody
• Prenups
• Divorce Mediation
• Annulments
• More

Child Custody for Same-Sex Couples

The child custody laws outlined in Wisconsin State statute say same-sex child custody laws are the same as different-sex child custody laws. The rights appointed to same-sex couples are the same as those given to different-sex couples. The decision made by the court when deciding child custody terms for same-sex couples will always be in the best interest of the child. When both parents in a same-sex relationship are equally responsible/capable of supporting the child, the court will usually split child custody evenly between the two parents.

Adopted Children

A child adopted by same-sex parents in Wisconsin is treated the same way a biological child would during a divorce. Child custody will be determined by the Wisconsin court system. The decision of the court will be based on what’s best for the child and their future. Ideally, the adopted child’s time is split between the two parents. If one parent is not capable/is unwilling to take care of the child, the court may decide the child is better off with one parent over the other.

Surrogate Children

Some same-sex couples will decide to use a surrogate to have a child instead of adoption. If the child is already born, the legal child custody process will proceed like any other child custody manner in Wisconsin. However, it’s important to refer to the legal surrogacy agreement terms that were originally outlined. Surrogacy contracts are enforceable in the state of Wisconsin as of 2013. Unless there were any pre-decided child custody terms decided on within a surrogacy legal agreement, the case will be treated the same as any other child custody case in court.

In cases where you or your partner had a child before getting married and the other spouse didn't legally adopt the child during the marriage, it's possible that the non-adopting parent may not have any legal entitlement to custody or visitation rights.

Here are scenarios where only one parent might hold legal parental status:

• The child was conceived during a heterosexual relationship before the marriage.
• One parent completed the adoption process for the child before the marriage.
• The child was born through a surrogacy arrangement prior to the marriage.

Our LGBTQ+ lawyers at Divergent have the knowledge of Wisconsin family law to help you understand your rights and protect your interests. Our expertise extends to a wide range of divorce matters, including high-asset divorces, same-sex divorces, and other intricate divorce scenarios. Our objective is to guarantee that your plan safeguards all your concerns, including the equitable distribution of assets and properties, handling of debts, addressing child custody and support matters, and addressing any ongoing spousal maintenance requirements.