What You Need to Know About Same-Sex Divorce

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In 2015, the Supreme Court held that the 14th Amendment requires state governments to license and recognize same-sex marriages. While many states had already granted this right to same-sex couples, others had not, and this historic decision extended that right to LGBTQ people in every part of the country. Because the states enacted marriage equality at different times, the law surrounding same-sex marriage, and same-sex divorce, is often more complicated to navigate. If you want to divorce your same-sex partner, you’ll need a lawyer with specific experience in that field, such as those on our team at the Law Office of Janice V. Coulter. In addition, you should go into the process with some key information at your disposal, which this article will provide for you.

What You Need to Know About Same-Sex Divorce

Spousal Support/Alimony 

One area where same-sex divorce gets complicated is in spousal support/alimony. In general, the longer two partners have been married, the more likely a judge will be to award spousal support to the lower-earning spouse. This can be a problem for same-sex couples, as many were not able to get their relationship legally recognized until recently, even if the partners were together for many years before. Our team is prepared to tackle this issue, and we know how to persuade a judge to recognize the true length of your relationship.

Child Support and Custody 

The other area where same-sex divorce becomes more complicated than divorce for heterosexual partnerships is in matters of child custody and support. Because the process of becoming parents in the first place for same-sex couples is more complex, typically involving adoption or surrogacy, working out child custody in a divorce is more complicated, too. Fortunately, our team has experience with these matters as well, and you can count on us to fight for you and your children’s best interests.