LGBT couples face many of the same family law issues as other groups.  However, the needs of LGBT individuals may be different or sensitivity may be necessary to best provide for them.  Mediation allows the parties to retain their own decision-making power and avoid having to battle issues out in court.  LGBT individuals may be afraid that negative social stigmas may affect the legal outcome of their case.  In other situations, the law has not kept up with a changing society, providing potentially unjust results.

Some of the most common family law issues the LGBT community faces include:

Cohabitation Agreements

Many same sex partners live together without the bond of marriage.  Until recently, many states outlawed marriages between individuals of the same sex.  This makes cohabitation agreements very important for the community.  These agreements set out the property rights of each party and the expectations of the parties.  Through respectful negotiation, the parties can often walk away from mediation with a legally-binding agreement regarding their cohabitation.

Child Custody Matters

Child custody matters are often difficult in LGBT cases because one parent may have a genetic link to a child and one may not.  Additionally, LGBT individuals may wish to adopt the child of their partner who was born out of a previous relationship.  Agreements may need to be established to specify the rights and duties involved of parents who are going through artificial insemination.  Mediation can help clarify these issues and provide an objective method of resolving such issues.

Divorce

LGBT individuals may be at risk of unfair decisions during divorce.  If their marriage has not been considered legal for long, there may be important property implications.  Additionally, a same-sex spouse may find himself or herself cheated out of pension funds or retirement funds that would be divided in other situations.  Mediation can develop a fair and reasonable agreement at a reasonable cost.