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LGBTQ couples and families have unique legal, emotional and financial issues that can be addressed creatively through the Collaborative process. Federal and state laws do not respect or protect LGBTQ families and relationships. Collaborative Practice is a method that can help members of the LGBTQ community form relationships, create families, resolve conflict in a relationship, and dissolve relationships. Through Collaborative Practice, lesbians, gay men, bisexuals and transgender people can formalize an agreement in a private setting where they can focus on their needs and interests and resolve their differences in a respectful process.
Though the marriage equality movement has made progress over the years, only a few states actually provide same sex couples with the same rights and responsibilities of marriage. In addition, since there is no federal recognition of same sex marriage, the LGBTQ community does not have access to the well over one thousand federal benefits that marriage provides. This results in a complicated legal setting as these rights vary from state to state and it can be challenging to understand how and what law applies to any given situation. When same sex couples have children together additional issues come into question concerning the financial responsibility of the parents as well as the parent's right to seek custody and visitation of the child.
Lesbians, gay men, bisexuals and transgender people can work with Collaborative practitioners to create parenting or donor agreements, relationship/commitment agreements, pre-nuptial agreements, or agreements dissolving a relationship. The Collaborative team of professionals may include mental health professionals, attorneys and financial professionals, who are either members of the LGBTQ community or experienced in serving the LGBTQ community. The Collaborative Practice approach encourages creative problem-solving in a supportive and respectful environment. The process focuses on the needs and interests of the individuals and their children, if applicable, and can eliminate unjust outcomes and the legal uncertainties of the law.
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