Same-sex marriage was legalized by the supreme court in 2015, and since then the laws for same-sex marriage are the same as the laws for opposite-sex marriage. You apply for a marriage license (a license to get married), have a civil or public ceremony, and then you receive a marriage certificate. From there, your marriage takes on whatever shape you feed into it with respect, love, and giving. Just like other types of marriage, same-sex marriage sometimes doesn’t work out. The divorce rate in the United States is extremely high overall and just as many marriages fail as succeed.
The procedure for filing for a divorce in a same-sex marriage is just like that in a traditional marriage. One party files for divorce or a legal separation to start things off, and from there the couples must decide what their life after marriage will look like. Any time a marriage ends, it’s tough. Both parties will have a hard emotional and financial road ahead of them. Divorces cost money, divorce lawyers cost money, and whenever you’re ending something like marriage, there’s going to be pain and some bumps along the road.
Since same-sex marriage was only recently legalized, there can be some very difficult issues that are specific to same-sex couples. For example, if children were adopted during the marriage, or conceived in some other way, establishing parenthood can be difficult for any non-biological parents. Not only this, but spousal support and child support are not as clearly defined for same-sex couples as they are for some heterosexual couples.
When a heterosexual couple has a baby together biologically, courts clearly define both parents as a parent. They are equal partners. When a same-sex couple conceives a child through artificial insemination, the non-biological parent may not be viewed as they should be by some more prejudiced courts of law. It can be a struggle to get custody and likewise, it might be more of a struggle to reach a child support agreement.
We’re highly trained to proceed forward with any type of divorce: Traditional, same-sex marriage, or any other form of partnership that you have (such as a domestic partnerships). With our years of experience and commitment to helping couples work out their difference amicably, we’re able to aggressively pursue your interests in your divorce while at the same time understanding the sensitive emotional issues that come along with ending a long-term partnership.
If you are struggling with your same-sex divorce or encountering specific problems to your situation, we are going to be here to help you every step of the way. We’ve helped many couples work through their same-sex divorces just like we help heterosexual couples work through their divorces. It’s our commitment to each of our clients that we are focused on YOUR interests, not your spouses. While we try to show sensitivity to every single person and respect to opposing parties, it’s YOUR interests that are at the top of our list.
Just like in heterosexual divorces, we’ll tackle each legal issue with you, compassionately and in an understanding and sensitive manner. We believe in human respect first and foremost. We make no judgments and want ALL of our clients to feel comfortable discussing even the most sensitive issues with our lawyers. We’ve got combined decades of experience in the legal arena and approach each unique case on its own merits, without outside judgments on anything happening in your life. Please call us today and get a free consultation with one of our veteran lawyers.
The Supreme Court made a life-altering decision when they legalized same-sex marriage throughout the United States just a handful of years ago. It was something that seemed to be building momentum in the states to begin with, but for the Supreme Court to come in and making a sweeping pronouncement that same-sex marriage was then legal in the remainder of the country was something that was truly astounding.
While that has been something for the LGBTQ community and their advocates to cheer about, there are also other ripple effects to having legal same-sex marriage everywhere in the United States. One of those impacts is that same-sex couples now also have divorces. There are lawyers who actually specialize in same-sex divorces as part of their career now. It is a thing that is important to understand, and it is something that is going to continue to have a lot of importance to the LGBTQ community.
Same-Sex Couples Are Legally Entitled To Divorce In All 50 States
Just as same-sex couples are permitted to marry in all fifty states at this point, they are also allowed to divorce anywhere in the United States as well. While we all hope that happily ever after really is the case, it is quite clear that couples of all sexual orientations are going to have the potential to divorce at some point along the road of their marriage.
This is a big change from the days before same-sex marriage was legal in all fifty states. There was a period of time when only some states recognized same-sex marriages. Other states did not, and the states that did not would also not allow same-sex divorces either as a result. That was a big deal because couples often would move from the state in which they were legally married only to end up in a state that did not recognize their marriage. When you put it like that, it makes a lot more sense to do things the way that we do them now.
Custody Cases Require Equal Treatment To Both Partners
Both partners in a same-sex marriage now have equal rights in a child custody hearing before the court as well. At one point in history this was not the case. It used to be that a lesbian couple would have one woman listed as the mother and no father listed. Now, a lesbian couple can have both parents listed as such on the birth certificate. That means that both parents have equal rights when they are going before the court to make their case for custody of their child.
This helps to untangle some of the mess that previous laws had left behind. When couples were not given equal rights simply because they were same-sex partners, it made for a much messier tangle of legal webs than what is really necessary.
Hire A Good Attorney For This Process
You absolutely need an excellent attorney to help you through the divorce process no matter what. A good attorney is one that knows what he or she is doing in terms of getting you the kind of results that you need to start to see real results in your divorce.
A good attorney is also someone who knows how the laws have changed over the years, and they are right there to help you figure out what you need to do to make sure your rights are protected at all times. That is the most important part. You want someone who is truly an advocate for your case and in terms of getting the best results for you.
When you go to look for your divorce attorney, make sure you find someone who has some previous experience in doing these types of things. They are easy enough to find these days, but you have to be willing to put in the legwork to make that happen. If you are not, then you just might have to settle for an attorney who is less than satisfying for your particular legal needs. Take the time and search out someone who has worked on same-sex divorce cases in the past. Regular divorce cases is just now enough experience at this point.