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Same-sex divorces require special care

On Behalf of | Jun 7, 2019 | Same-sex Couples & Divorce

Same-sex couples fought so long for the right to legally marry that many same-sex couples feel particularly disappointed when their marriages fall apart.

Divorce for same sex-couples can be complicated — more complicated than marriage right now. That’s largely due to the aftereffects of the piecemeal legislation that was in effect prior to the 2015 Obergefell decision by the Supreme Court.

Some of the issues that same-sex couples have to navigate include:

  • Determining when the marriage actually began (which may not be the same as the date reflected on one’s marriage certificate)
  • Determining whether or not spousal support is warranted (which can be affected by the marriage date)
  • Determining parental rights when there are children involved that are only biologically and legally related to one parent
  • Determining the child support that a noncustodial parent may have to pay (regardless of biological relationship to the child)
  • Negotiating post-divorce custodial issues when a same-sex parent becomes involved with someone new, but their relationship isn’t formalized
  • Dissolving civil unions that may have occurred prior to the same-sex couple’s legal marriage — which cannot be settled through divorce

Add to those concerns, there are the normal issues that come along with divorce. That can include the practical division of physical property like the home, cars, electronics and furniture, as well as financial assets and debts (like savings accounts, pension plans and credit cards).

If you’re headed for a same-sex divorce from your spouse, it’s time to get some experienced legal advice about your situation. The more that you know about what to expect going forward, the more prepared you’ll be for what lies ahead.