What issues are unique to a same-sex divorce?

| May 25, 2021 | Same-Sex Couples & Divorce

The 2015 Supreme Court ruling in Obergefell v. Hodges made same-sex marriage legal in the U.S. Nevertheless, any couple in Riverside could find that their marriage is failing, and they are better off divorcing. However, those in a same-sex marriage may face divorce issues that their heterosexual counterparts do not face.

Spousal support

Spousal support can be an issue in any divorce. In general, spousal support awards are based in part on how long the couple has been married. However, same-sex couples may have been in a partnership long before they were legally wed. This makes a legal gray space in-between the beginning of when the couple began cohabitating and when the couple was legally permitted to marry.  Some states permit courts to add additional years of cohabitating, even if this time period is longer than the legal date of their marriage.

Child custody

In same-sex marriages, it is often the case where a child is adopted or bore by one spouse and that party has sole legal parental rights over the child, even if the couple is raising the child together. If these couples decide to divorce, the non-legal parent can face challenges in continuing their relationship with the child. For these reasons, it is important that both parties go through the adoption process during their marriage to ensure they have equal access to the child in the event of a divorce.

Learn more about same-sex divorce issues

Same-sex couples face some difficulties in the divorce process that heterosexual couples do not. This post is for educational purposes only and does not contain legal advice. Our firm’s webpage on same-sex divorce may be a good jumping off point for those interested in learning more about this topic.

 

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