When a marriage ends, it’s painful enough. But for LGBTQ+ couples in Tennessee or Memphis, divorce can come with extra legal layers that other families might not face. Here, you’re going through a legal system that hasn’t always kept up with the modern world.
As an LGBT divorce attorney, Psonya Hackett dedicates her practice to serving all families of any kind create a fair, workable outcome with 26 years of legal experience on her belt. Our goal here at Psonya Hackett Law is to help every client we have protect their assets, parental rights, and peace.
Why You Need a Specific Strategy With LGBT Divorce
In Tennessee, divorce law applies the same statutes to everyone. But for LGBTQ+ couples, there are two areas where things can get complicated: parental rights and property division timelines.
1. Parental Rights Aren’t Always Automatic
If both spouses are legal parents through birth during the marriage or adoption, custody is handled like any other divorce.
But if one parent is not biologically related and never completed a second-parent or confirmatory adoption, their legal standing can be questioned.
That means:
They may first have to establish parental rights.
They could face arguments about whether they have full custody rights at all.
The issue isn’t sexual orientation, it’s documentation.
2. Long-Term Relationships Before 2015
Same-sex marriage became legal nationwide in 2015, but many couples in Tennessee were together for years—sometimes decades—before they could legally marry.
Tennessee divides property using equitable distribution, meaning the court divides marital property fairly (not always 50/50). But only property acquired during the legal marriage is automatically considered “marital.”
If:
You bought a home together before 2015,
Built a business together,
Contributed to retirement accounts while being spouses,
Those assets may require careful legal argument to show shared ownership interests.
Without that strategy, a court may treat certain property as separate rather than marital.
The Real Reason Having an LGBT Divorce Attorney Matters
In most LGBTQ+ divorces, the law itself isn’t the problem.
The risk usually comes from:
Unclear parental documentation
Assets acquired before legal marriage
Long-term financial interdependence that predates 2015
When those issues exist, the case needs to be structured carefully from the beginning with an experienced lgbt divorce attorney.
If everything is properly documented and both spouses are legal parents, the divorce process typically follows the same cycle as any other Tennessee divorce.
Strategic Representation for LGBTQ+ Divorce in Tennessee & Mississippi
Psonya Hackett focuses on facts, documentation, and forward planning. In divorce cases (especially those involving long-term same-sex partnerships), details matter. Clear records, legal parentage, and asset tracing can make a significant difference in the outcome of your divorce.
We provide strategic representation in:
Asset & Debt Division
Tennessee follows equitable distribution, so property is divided fairly, not automatically 50/50. Many same-sex couples built assets together before their legal wedding date, but don’t worry, that’s ok. We will:
Review all financial records and trace contributions to every asset
Identify property, retirement accounts, and business interests that should be included
Build a clear, organized presentation for the court so your contributions are fully recognized
Parental Rights & Custody
Custody decisions are based on the child’s best interest. If one parent is non-biological and no adoption was completed, legal standing can be challenged. Psonya will:
Help establish parental rights for non-biological parents when needed
Gather and organize documentation of your caregiving role and involvement in your child’s life
Draft parenting plans and evidence that protect your relationship and prioritize the child’s stability
Alimony
Spousal support depends on income, earning potential, and the length of the marriage. In long-term partnerships that go back before legal marriage, Psonya Hackett Law will:
Present a detailed picture of your financial life together
Advocate for support that fairly reflects contributions, sacrifices, and shared assets
Ensure the court understands the full scope of your relationship
Tennessee & Mississippi Jurisdiction
For families living in Memphis but owning property or working in North Mississippi, jurisdiction matters. Because our leading attorney, Psonya, is licensed in both states, cross-border divorce and custody issues can be handled without coordinating multiple attorneys.
Answering Frequently Asked Questions
-
Absolutely, but timing and documentation matter. Memphis couples often have businesses or property in Germantown, Midtown, or East Memphis that predate marriage. We can trace contributions, organize financial records, and make a persuasive case to ensure your ownership is fully recognized.
-
Disputes over parenting time are common, especially when neighborhoods, schools, or work schedules don’t line up. We can help you create detailed, realistic parenting plans that courts in Shelby County respect. Our goal is always to keep your child’s well-being front and center while also lowering courtroom conflict.
Links to Helpful Tennessee Forms and Information
Search our Site
Testimonials
Take Your Power Back
Divorce is a big transition, but it doesn’t mean it has to be chaotic.
If you are ready to protect your assets, your parental rights, and your future, contact Psonya Hackett Law today. Work with an experienced LGBT divorce attorney who understands the local legal circumstances of Tennessee—and who knows how to protect families who have historically had to fight harder for recognition.