Navigating relationships can be challenging, and sometimes, despite our best efforts, they come to an end. For same-sex couples, the journey to marriage equality has been a significant part of their story. The landmark U.S. Supreme Court case, Obergefell vs. Hodges, in 2015, was a game changer, legalizing same-sex marriage across the United States.
This ruling not only allowed same-sex couples to marry but also granted them the same legal rights and responsibilities as heterosexual couples, including the right to divorce.
What is a no-fault divorce?
A no-fault divorce is an amicable divorce where both parties don’t need to prove any wrongdoing. They can simply cite irreconcilable differences or an irretrievable breakdown of the marriage.
A no-fault divorce effectively reduces conflict and the emotional strain of a typical divorce.
Obtaining a no-fault divorce for same-sex couples
For same-sex couples, obtaining a no-fault divorce is pretty similar to heterosexual couples. However, there are unique aspects to be aware of, too.
- Residency requirements: Each state has its residency requirements for filing for divorce. One spouse must typically have lived in the state for a certain period before filing for divorce.
- Financial disclosure: Detailing assets, liabilities, income and expenses in a financial disclosure makes property division fair. This is the same for any other couple.
- Unique considerations: Same-sex couples may face specific challenges, such as determining the start date of the marriage if they cohabitated before legal recognition. This can affect the division of assets and spousal support. Additionally, couples who married in a state that recognized same-sex marriage before the Obergefell decision may need to hurdle other challenges.
Same-sex couples can indeed obtain a no-fault divorce, benefiting from the same legal framework as heterosexual couples. However, it’s crucial to understand the specific requirements and potential challenges involved. Given the complexities that can arise, seeking legal advice is highly recommended. A knowledgeable attorney can provide guidance tailored to your situation, ensuring a smoother and more informed divorce process.