LGBTQ+ FAMILY

Reczek Chase Law is one of the few 100% LGBTQ+ owned and operated law firms in the state, and our attorneys collaborate with other attorneys and advocates across the nation on various family law matters specific to the LGBTQ+ community. Both Julie and Ethan are members of the National LGBT Bar Association and the LGBTQ Family Law Institute. Having an informed, empathetic, and zealous advocate who is familiar with the issues specific to LGBTQ+ families.

For couples who had or adopted children prior to their ability to legally marry it is important to consult with an experienced same-sex family attorney to discuss what legal action may be necessary to ensure that both parents are protected and have legally established parental rights.
Under the current laws of Kentucky, even if a child is born during the marriage, it is important to speak with an experienced same-sex family law attorney to protect the rights of both parents. When one of the parties to the marriage is the biological parent of the minor child, the non-biological parent can file a second parent adoption petition and be named as an equal parent under the law. Once both parties have become legal parents a new birth certificate can be issued. Same-sex couples should always consult with an attorney to ensure that they know their rights and have taken all necessary steps to protect them.
While the laws applicable to divorcing couples are the same, regardless of the gender of the spouses, the underlying factual circumstances of gay and lesbian couples considering divorce can require an attorney who understands the unique facets of their situation.
In Dobbs v. Jackson Women’s Health, the U.S. Supreme Court attacked the underlying reasoning that is the foundation of modern LGBTQ+ rights that the Court has previously recognized to be protected by the Constitution.
Kentucky, like many other states, would not need to take any action to immediately strip same sex couples of the right to marry. This is the case, because there is already that prohibition written into Kentucky law, and that will become effective in the event that Obergefell v. Hodges is overturned by the U.S. Supreme Court. The Kentucky Constitution specifically prohibits same-sex marriage, and states in section 233(a) that: “Only a marriage between one man and one woman shall be valid or recognized as a marriage in Kentucky. A legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized.”
In the event that the U.S. Supreme Court overturns Obergefell, you and your spouse should have documents (such as a durable power of attorney) in place so that you can continue to make decisions about one another.
Under the current laws of Kentucky, the only assets and debts subject to division during a divorce proceeding are marital assets. Kentucky defines marital assets as "those which are acquired during the marriage." If a couple has been together for a significant time prior to legally marrying, they should speak with an attorney about the assets that they would like to consider joint and/or designate as non-marital. This can be done either before entering into a marriage or at any time after the parties are married.