What Are the Legal Considerations for Same-Sex Divorce?

What Are the Legal Considerations for Same-Sex Divorce?

LGBTQ flag wedding rings

In the past, LGBTQ partners encountered several obstacles when it came to getting married, as their marriages were not recognized in all states. However, the Supreme Court struck down all state bans on same-sex marriage and legalized it in all fifty states due to the case Obergefell v. Hodges. As such, since 2015, LBTQ partners can get married, which also means they can get divorced. For the most part, same-sex couples experienced similar issues to those faced by heterosexual couples during a divorce. This includes dividing marital property, child custody, child support, visitation, alimony, etc. However, same-sex couples face some unique challenges when terminating their marriage. Please continue reading to learn about these unique challenges and how a determined Nassau County LGBTQ Divorce Attorney can help you today. 

What should same-sex couples know about divorce?

Same-sex couples are faced with unique challenges and should be aware of them if they find themselves going down that path to ensure the best possible outcome. If LGBTQ partners were wed in a legal same-sex marriage state before marriage equality was approved at the federal level, they would face some obstacles when meeting residency requirements for divorce. Couples who resided in states that did not recognize same-sex marriages would travel to same-sex-friendly states to get married. However, this causes some couples to struggle to get an official divorce because these same-sex-friendly states require a minimum residency requirement to be eligible for a divorce in that state.

Nevertheless, with legalized marriage equality, LGBTQ couples are treated the same as their heterosexual counterparts when dissolving their marriage. However, the only difference same-sex couples face is how property and debts are divided. Couples that have been together for 20 years or more, who were only recently allowed to marry, may be treated as though they’ve only been together for the few years they were in a legally recognized marriage. This can create problems regarding the equitable distribution of marital property. Therefore, any assets and debts acquired before their legal marriage may not be considered during property division.

Should I consider creating a prenuptial or postnuptial agreement?

Due to the potential issue of dividing property in a same-sex divorce, there is an increased need for a prenuptial or postnuptial agreement. A couple makes a prenuptial agreement concerning the ownership of their assets should the marriage fail. Without a prenuptial agreement, they must go through lengthy and expensive legal proceedings to determine property division and other financial issues.

If you’re seeking a same-sex divorce, please don’t hesitate to contact a skilled attorney from The Pollack Law Firm, P.C., who can help guide you through each phase of this complex legal process.

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