The terms “gay marriage” and “same-sex marriage” refer to any marriage between two people of the same sex. Same-sex marriage is currently legal in 37 states. In 2015, the United States Supreme Court struck down the federal DOMA or Defense of Marriage Act that defines marriage as a lawful union between one woman and one man. Since the 2015 ruling, 26 states have legalized same-sex marriage, while four more states-Alaska, Hawaii, Oregon, and Washington-have legalized it via voter referendum.
Controversy and confusion regarding divorce in same-sex couples have been an ongoing issue. While marriage between two people of the same gender is legal, separation is not. Also, without a legal divorce, two same-sex partners cannot remarry.
However, it may be reassuring for same-sex couples wishing to get a divorce to know that Peters May Family Law Specialists and similar experts can help them navigate this difficult and challenging time in their lives. It is worth noting that having the right legal assistance and support can make all the difference in ensuring a smooth and fair resolution.
That said, keep in mind that while many believe that same-sex divorce is exactly the same as opposite-sex divorce, there are unique issues for gay couples in divorce.
Here Are Unique Problems in Same-Sex Divorces:
- Co-Owner of A Business
- Trust Issues
- Health Insurance
- Social Security Benefits
- Inheritance
- Child Custody
- Visitation
- Child Support
- Alimony
- Division Of Retirement Assets
- Tax Issues
- State Tax Issues
- Family Disputes
Gay and lesbian couples are now allowed to marry in every state-but many same-sex couples are dealing with another hurdle: getting divorced. Same-sex divorce laws vary from state to state-often significantly. For example, only 8 states and the District of Columbia recognize same-sex marriages as valid grounds for divorce, and 15 states allow gays and lesbians to file for divorce if their marriage has broken down. If you are in one of these 15 states, you can file a divorce petition even if you and your spouse are of the same sex.
Legal issues involving same-sex divorces present unique scenarios that straight couples do not necessarily face. For instance, partners may choose to frame a prenuptial agreement with the help of a Family Law Attorney AZ, or one close by to draw clear boundaries when it comes to finances. But especially when one isn’t framed by a same-sex couple, it could lead to complications that arise due to gender-based intricacies with the law. It will require a careful and well-articulated resolution to be worked on to settle the matter.
Divorce can be a stressful time for everyone involved, but for gay, lesbian, bisexual, and transgender (LGBT) couples, the confusion can get even more intense. Same-sex people are more likely to face unique challenges, making the process of taking a divorce a lot more complicated and facilitating the need for hiring the most experienced divorce lawyers similar to the ones at Shah & Kishore.
Same-sex couples sometimes have difficulty in family-law courts, where child custody and spousal support frequently become contentious. The law school curriculum rarely reflects the realities of families headed by same-sex couples, which generates unique problems. Also, no state has enacted a law authorizing judges to decide who should get custody of children whose parents are couples of the same gender.
When a couple decides that they want to get a divorce, it comes with two sides: going it alone and hiring an attorney. Doing it alone means both spouses are divorcing without hiring an attorney. It involves a lot more work and is also much more emotionally draining. Comparatively, hiring Schaumburg divorce lawyers or professionals of similar caliber elsewhere gives both parties some peace of mind that their interests would be heard and protected.
Many same-sex couples are legally married in the States and live in legally recognized same-sex relationships. These people have the same legal rights to divorce and property division as opposite-sex married couples. However, the unique challenges that same-sex married couples face in the divorce process are not as well understood. It is usually expected in same-sex divorces that one or both spouses will leave the marriage, but many people do not realize that sometimes the spouse who wants to divorce may not want to leave at all. Figuring out the nuances of same-sex divorces is likely going to take a few years.
