Marriage equality is not the law in South Carolina. Gay and lesbian partners in long term, committed relationships do not presently enjoy equal protection of the law in South Carolina with regard to marriage, divorce, adoption, intestacy, or guardianship, just to name a few areas where protection of committed relationships can be important.
I cannot “fix” the law, but I am happy to help LGBT and trans-gendered folk plan preventively and implement measures designed to provide some protection for your loved ones. Advance planning is most especially important for LGBT couples not only because of lack of legal protection for your committed status, but also because sometimes outside family waits until your most vulnerable moments — a time of death or disability — to try and come in and upset the apple cart. There are nightmare stories of spouses being ejected from hospital bedsides on account of their not being “next of kin,” or of a long term spouse ejected from a family home because the law of intestacy provided for the home to go to someone other than the spouse. Death and disability are traumatic enough to endure, without the added nightmare of dealing with hostile or unjust legal battles. Advance planning is important for everyone, but it is especially critical for LGBT couples!
My approach to divorce mediation is also particularly amenable to use by LGBT couples. The transformative mediation approach I use in my practice is based on your commitment to principles of fairness rather than reliance on legalistic arguments about what the law requires. While breakups are painful, my goal is to make this difficult event less traumatic for everyone, to help you preserve what remains of your relationship without poisoning it with bad feelings and resentment, for both parties to end up with a result that feels fair and is sustainable in the long run, and for parents to end up with solutions that are in the long term best interest of their children.
For more information or to schedule an appointment, call 803-414-0185 or fill out the form below: