If you’re thinking about getting a divorce, there are some things no one tells you about same sex divorces. While it’s never easy to split up with someone you love, it can also be incredibly stressful logistically. Then, there’s the issue of property division, child custody, and support. In Texas, for example, the law on same sex marriage didn’t fully recognize it until 2015, so many couples continued to live as married couples for decades.
Luckily, a few recent cases have seen this dilemma resolved. In one case, a couple living in Maryland got their divorce, despite the fact that their marriage was not recognized by the state’s constitution. This case illustrates how different state laws can make a difference in divorce cases, so it’s important to find a lawyer who specializes in same-sex divorces.
Luckily, despite the complexities of same-sex marriage, the divorce environment today is very similar to what it was 100 years ago. A lawyer with the same background as the couple may be able to help you understand the differences between the two, or they can help you find a divorce attorney in your area. This is a huge plus for the gay community, as many people have been hurt by a same-sex divorce.
In addition to the legalities, a same-sex marriage could be the best choice for you and your child. While you and your husband may be able to raise their child together, you can also make plans to adopt the child of your partner. And, of course, this doesn’t necessarily mean that your spouse’s biological parent can’t be your child. But, if you’re a biological parent, it’s probably best for you to be the one to raise your child – and not the other way around.
In California, the law on same-sex marriage has evolved, establishing new precedents for LGBT divorce. In the past, it was nearly impossible for same-sex couples to get divorced and the legality of gay marriage had created many difficulties. Most of these couples lived together before the law made it legal. The court now takes their time together before the marriage into account when dividing assets.
While gay couples are starting a divorce boom, many remain unmarried and unable to move on. The Williams Institute, at UCLA, estimates that nearly 50,000 gay couples were married in 2011 and another 100,000 were in a legal relationship. The marriage rate for same-sex couples was also beginning to creep up on the heterosexual marriage rate in states that allow it. In Massachusetts, for example, the gay marriage rate was 68 percent, compared to ninety percent for heterosexual couples.
In some states, same-sex marriages are not recognized, and a couple may have difficulty obtaining a divorce if they have lived outside the state for six months or two years. This means that it’s essential to find a knowledgeable attorney before filing for divorce in these states. It’s important to remember that the decision on whether or not to divorce your same-sex marriage depends on the judgment of the judge.
Even if your marriage is not legally recognized, you should still make a prenuptial agreement. Divorce laws differ by state, so the state you choose to divorce in should be favorable to you. While Georgia’s marriage law is still considered a “traditional marriage,” some states’ laws are more favorable to gay couples. Moreover, the Defense of Marriage Act is a federal law that affects inheritance and tax treatment.
Florida recently lifted its ban on same-sex marriage. While a divorce involving same-sex couples is not illegal in Florida, the process can present unique challenges. Most states do not recognize same-sex marriages and the dissolution of a relationship, so it’s important to consult an attorney who specializes in same-sex divorces. For example, Florida requires that a same-sex couple live in the state for at least six months before filing for divorce.
