How to Protect Yourself in a Same-Sex Divorce

HomeBlogHow to Protect Yourself in a Same-Sex Divorce

In 2014, same-sex marriage became legal in the state of North Carolina. In 2015, the U.S. Supreme Court followed suit with the verdict of the Obergefell v. Hodges case and declared same-sex marriage legal in all 50 states. Shortly after, 20 more countries also legalized same-sex marriage.

applying for divorce and figuring out spousal support

Although a momentous and historic milestone for the global gay rights movement, there remain many nuances and challenges in the law around same-sex marriage, and namely, same-sex divorce, in the United States.

Generally speaking, you can apply for a North Carolina divorce if you have been separated for at least a year, one spouse is a resident in NC for at least six months before filing, and you have completed any requisite forms needed in your country of residence.

Same-sex marriages do have the same legal status as heterosexual unions, and as such abide by the same rules and laws.

However, applying for divorce and figuring out spousal support, child custody, and property distribution is trickier for same-same couples because of the factors that can impact the outcome. For example, how long was the couple together prior to legal marriage, was the marriage done out-of-state before 2014, and if the child is the sole biological child of one parent.

At the Law Office of Janice V. Coulter, we’ve provided assistance and legal counsel to same-sex couples seeking divorce and have experience navigating the complexities of the law around divorce. We have the experience and expertise you need on your side to advocate on your behalf or contest unequal policies in court.