Same-Sex Family Law & Divorce Attorney in Providence and Rhode Island

Compassionate Representation for LGBT Families in Divorce and Family Law

Rhode Island adopted same-sex marriage several years before it was made legal throughout the country. As a result, same-sex couples now face legal issues that apply to other married couples, including divorce. However, the decision to obtain a divorce can be one of the most difficult that a couple has to make.

When considering a divorce, it is important that you know your rights and options. At McIntyre Tate LLP, our legal team has more than 150 years of combined experience handling family law issues and other legal matters in Rhode Island.

Contact our experienced Providence & Rhode Island same-sex divorce attorney at (401) 351-7700 or reach out online. 

Why Is It Important to Have an Experienced Lawyer for Same-Sex Divorce?

When you have built a life with your spouse or partner, it can be difficult to separate. It can be especially emotional to deal with issues involving shared assets and your children. Whether you are separating from your partner or simply planning for the future, it is important to speak with an experienced and caring family law attorney.

In many same-sex divorces, questions arise that are not always present in other cases, such as how Rhode Island courts will view a relationship that began long before marriage equality, or how to handle property that one partner owned before it was possible to marry. We can help you gather financial records, understand which assets are considered marital under Rhode Island law, and prepare for decisions about the home, retirement accounts, and debt so you can move forward with greater security.

Parenting issues can also be more complex for LGBTQ+ families. One parent may have a biological connection, while the other built a bond through day-to-day parenting or a second-parent adoption. We work with clients to understand how the Providence Family Court is likely to evaluate legal and physical custody, and we help you present a clear picture of your child’s needs, your involvement, and your goals for a stable parenting plan that respects your role in your child’s life.

• Our firm handles all aspects of family law and same-sex divorce, such as:
• Child custody
• Child support
• Visitation
• Division of property
• Cohabitation agreements
• Separation agreements
• Premarital agreements
• Adoption

Estate Administration for Same-Sex Partners

We understand how difficult it can be to lose your partner or spouse. Our Rhode Island attorneys can support you through this difficult time and guide you through the estate administration process. You can rely on our firm to represent you through probate or with any trust administration issues. If your loved one died without a will, the laws of intestacy may keep you from inheriting part of your loved one's estate. We can explain your options and help you make informed decisions regarding the estate administration process.

For surviving same-sex spouses and partners, questions often arise about how the timing of a legal marriage, prior civil unions, or long-term relationships will affect inheritance rights. We help you review marriage records, beneficiary designations, and jointly held property to determine what must pass through the Rhode Island probate courts and what may transfer to you directly. Our goal is to reduce uncertainty during an already painful time and to help you safeguard assets that were built together over many years.

Same-Sex Divorce in Rhode Island: What to Expect

Most divorces in Rhode Island begin with a complaint filed in the appropriate county, such as Providence County, followed by financial disclosures and, in many cases, temporary orders about support or parenting. You may resolve your case through negotiation, mediation, or a hearing in front of a family court judge. We help you prepare for key events like settlement conferences and court dates, explain which documents to collect, and discuss how judges typically approach issues such as property division and support when one spouse has been out of the workforce or when both spouses contributed in different ways to the household.

Many people have concerns about how long a same-sex divorce will take, how much control they will have over the outcome, and whether they will need to appear in court more than once. We speak with you at the outset about your goals and your comfort level with settlement versus litigation, then outline practical timelines based on the complexity of your case. Throughout the process, we focus on communication and preparation so you are not surprised by the next step and you feel supported from your first filing through final judgment.

How Our Firm Supports LGBTQ+ Clients Through Divorce

Because we have represented many clients in Providence and across Rhode Island, we understand the practical realities of appearing in local family courts and working with court personnel, guardians ad litem, and mediators. We prepare you for how your story will be presented, what kind of information is most helpful to gather, and how to document your role in your children’s lives or your contributions to shared assets. Our collaborative approach means more than one experienced attorney may review strategy on your case, giving you the benefit of different perspectives while keeping you informed and involved.

We also know that legal questions rarely exist in a vacuum, particularly during a same-sex divorce. You may be navigating changes in housing, work, or extended family relationships at the same time. We coordinate the legal aspects of your case with these real-world concerns, helping you think through the impact of decisions about support, parenting time, and property so that the resolution you reach is workable in your day-to-day life, not just on paper.

Frequently Asked Questions

Do Same-Sex Spouses Follow a Different Divorce Process in Rhode Island?

No. Same-sex spouses use the same family court system and follow the same basic procedures as other married couples in Rhode Island. However, there can be additional questions about the length of the relationship, how property was acquired over time, and how parental rights were established, which can affect the evidence and arguments presented to the court.

How Does Rhode Island Treat Property in a Same-Sex Divorce?

Rhode Island courts generally divide marital property in an equitable, or fair, way rather than simply splitting everything in half. The court can consider factors such as how and when property was acquired, the length of the marriage, each spouse’s income and earning capacity, and contributions made inside and outside the home, which can be especially important for couples whose relationship predated legal marriage.

What If Only One Parent Is Biologically Related to Our Child?

When only one parent has a biological connection, the court looks at whether the other parent has a legal relationship, such as through adoption or an existing order. Even when formal paperwork is not yet in place, the history of caregiving, financial support, and the child’s bond with each adult can be relevant to decisions about custody and parenting time, and it is important to discuss these details early in your case.

For help navigating your same-sex divorce or family law matter, contact our experienced Rhode Island family lawyer at (401) 351-7700 or reach out online. We are dedicated to supporting you!