Same Sex Divorce

Sumter Same-Sex Divorce Attorneys

Exceptional Legal Help in Sumter County & Columbia, SC

Ending a marriage is never easy, but for same-sex couples, the process can bring unique legal and emotional challenges. While marriage equality is recognized nationwide, the reality of navigating a same-sex divorce often involves complexities that differ from those faced by heterosexual couples.

At McDougall Self Currence McLeod, our legal team has stayed on the cutting edge of the divorce landscape since same-sex marriage was legalized. We understand the challenges that can arise for LGBTQ+ couples seeking divorce. Our highly experienced team offers the support, guidance, and advocacy you need to find clarity and resolution during this difficult time.

Get answers to your questions and concerns from a Sumter same-sex divorce lawyer at McDougall Self Currence McLeod. Call (803) 839-1544 or contact us online for a consultation.

Same-Sex Divorce Issues in Sumter & Columbia

Same-sex divorces frequently involve issues that require special consideration due to evolving laws, unique family structures, and the intersections of parenting, property, and jurisdictional challenges.

These factors underscore the need for skilled legal assistance to address the unique dynamics of same-sex divorces while pursuing equitable outcomes.

Child Custody & Parental Rights

For same-sex couples with children, custody disputes can become particularly complicated. Depending on each parent’s legal relationship with the child, not all parents may have automatic custody or visitation rights.

For instance, where one parent is the biological or legal adoptive parent, the other parent’s rights may not be clearly defined without formal adoption or legal recognition. Courts prioritize the child’s best interests, but establishing legal parental rights often requires additional steps in same-sex divorces.

Marital Property Division

Dividing marital property can be complex for any couple, but same-sex couples may face difficulties due to the legal timeline of their relationship.

Because marriage equality was federally recognized only in 2015, many same-sex couples had long-term relationships before marriage that may not be officially recognized in property division decisions. Determining what constitutes marital property versus separate property requires careful legal attention in these cases.

South Carolina legalized same-sex marriage in 2017, making this the date establishing each spouse's property rights. If you married in 2015 but only received state recognition in 2017, the court might consider 2017 the start date for accumulating marital assets.

Jurisdictional Challenges

Complications can arise when a couple was married in one state but now lives in another—especially if that state did not recognize their marriage before nationwide marriage equality. Although the Supreme Court’s ruling legalized same-sex marriage across the U.S., some legal complexities may still emerge during divorce proceedings due to state-specific laws and interpretations.

How to Prepare for a Same-Sex Divorce

Taking the time to prepare for a same-sex divorce can make the process smoother and reduce the emotional and financial strain you may face.

Steps to consider when preparing for divorce:

Gather documentation. Compile financial records, property deeds, legal agreements, and any adoption or parentage paperwork that may impact the division of assets or custody decisions.
Understand your rights as a parent (if applicable). Review legal documents related to your children, such as birth certificates or adoption decrees, to determine where parental rights stand.
Explore support systems. Emotional support is critical. Seek help from friends, family, or therapists to prepare emotionally for the challenges ahead.
Consult an experienced attorney. Same-sex divorce cases often require specific legal understanding in areas like property division and parental rights. Our knowledgeable attorneys can help you assess your situation and plan effectively.

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Why Choose McDougall Self Currence McLeod?

Experienced Representation for Criminal Defense, Personal Injury, and Family Law

Award Winning Advocates
With leadership in the American Academy of Matrimonial Lawyers and a history of prestigious awards, we provide the highest caliber of legal representation for your family’s future.
Strategic and Effective Legal Guidance

We believe in practical, results-driven solutions tailored to your unique needs. Whether through negotiation, mediation, or litigation, we take the approach that best serves your goals—aggressive when necessary, amicable when possible.

Personalized Service for Every Client
Our team understands that every case is different. That’s why we offer tailored legal strategies, ensuring you receive the right level of advocacy. No matter your situation, we are here to guide you with clarity, compassion, and confidence.
Experienced Representation
With nearly three decades of service and over 90 years of combined experience, McDougall Self Currence McLeod is recognized as a leader in South Carolina family law.

How McDougall Self Currence McLeod Can Help Same-Sex Divorce Clients

Our firm offers support in the following ways:

Navigating custody disputes. Whether establishing parental rights or negotiating custody and visitation arrangements, we work to make your voice heard and your relationship with your child prioritized.
Property and marital asset division. Our team can help untangle complex property division issues, advocating for a fair outcome even when timelines or state laws complicate the process.
Unpacking legal complexities. From understanding jurisdiction issues to addressing any unique legal barriers your case may present, we can help you make informed decisions.
Personalized advocacy. No two divorces are the same. We provide individualized guidance focusing on your needs, goals, and the best possible path for you and your family.

Let us help you build a strategy to protect your rights and best interests throughout the divorce process. We aim to resolve your case effectively and efficiently through negotiation, mediation, or, when necessary, in front of a family law judge in court.

Reach us online or at (803) 839-1544 to consult a Sumter same-sex divorce attorney for legal help today.

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Client Testimonials

Read real stories from clients we’ve helped protect and advocate for.

"They will fight not just hard, but smart for you."
Spoke with the legal team at McDougall Self Currence McLeod regarding a car accident. After speaking with one of their injury attorneys I came away with the impression that McDougall Law was strategic in building a very aggressive strategy in which to get the best outcome. Recommended if you're looking for a team of attorneys who will fight not just hard, but smart for you.

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They make you feel like family and that you are being heard. Ryan has helped me with my divorce and most recent custody battle. He made sure I got what was deserved and made sure I never walked away with regret.

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If you need a family court attorney who genuinely cares and will fight for you, he’s the one. I am beyond grateful for his help and highly recommend him to anyone in need of top-tier legal representation!

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By far and away the most professional attorney I have ever worked with. John McDougall was fabulous at helping me through the most challenging time of my life. He helped protect me, my boys and everyone involved. I have continued to use him for the past 12 years. I would highly recommend.

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