Respected Oklahoma City Family Law Firm Advises LGBTQ+ Clients

Experienced Oklahoma attorneys assist with LGBTQ+ divorce and adoption

Though nontraditional families now enjoy many of the same rights as traditional families in Oklahoma, LGBTQ+ residents still are confronted with unique challenges relating to marriage, divorce and adoption. The devoted attorneys of Butler & Flynn, PLLC in Oklahoma City advise, represent and advocate for same-sex couples and LGBTQ+ individuals in all types of family law matters. We are committed to asserting the rights of all Oklahomans and to pursuing the best possible outcome for you and your family.

Attentive lawyers provide reliable guidance during same-sex divorce

Today, Oklahoma courts are obligated to treat all divorces equally regardless of the gender or sexuality of the spouses. Gay and lesbian couples going through divorce often deal with the same issues as heterosexual couples, but may face additional concerns particularly relevant to LGBTQ+ individuals. We assist divorcing spouses with matters relating to:

• Parental rights — In 2019, the Oklahoma Supreme Court recognized that non-biological LGBTQ+ parents who raise children born during a same-sex relationship have the same parental rights as parents who are biologically related to their children. If your child recognizes you as their parent and continuing the relationship is in the best interest of your child, the court must recognize your right to seek custody. However, you will need evidence to prove that you are your child’s parent if your name is not on the child’s birth certificate.
• Common law marriage — Long-term couples who are not legally married may divorce in Oklahoma if their relationship meets the definition of a common law marriage. Among other criteria, the long-term couple must publicly present themselves as spouses even though they never obtained a marriage license. An official divorce may be necessary if you share a home, assets or children with your long-term partner.

Because same-sex marriage and divorce were only legalized in Oklahoma in 2014, couples who were partnered before 2014 may face confusion. It can be tricky trying to determine what counts as marital property versus separate property if the couple had what amounted to a common law marriage before legally marrying.  The total length of the marriage is also a factor used to determine if alimony will be granted and how much. Our family law attorneys are prepared to address your concerns and pursue divorce terms appropriate for the reality of your relationship.

Knowledgeable counselors help LGBT parents with the child adoption process

Though faith-based adoption agencies in Oklahoma are allowed to refuse their services to LGBTQ+ couples, there are many other options for pursuing a domestic or international same-sex adoption. We assist single parents, couples and stepparents with the legal adoption of youths ranging from newborns to adolescents. A determined member of our legal team is prepared to help you from the earliest steps of your journey to legal parenthood, whether or not you already have a relationship with the child you want to adopt. Depending on your needs, we can help you find the right adoption agency, create a solid application and complete a home visit. Our firm handles open, semi-open and closed adoptions, as well as private adoptions.

If your newborn child is the biological child of your spouse, you can have your name added to the birth certificate without need for an adoption.

Contact LGBTQ-friendly Oklahoma City family lawyers for your free initial consultation

The family law attorneys of Butler & Flynn, PLLC in Oklahoma City represent Oklahoma LGBTQ+ clients with care and dedication. To schedule your free initial consultation with one of our lawyers, call 405-416-2711 or contact us online.