There are several legal avenues open to same-sex couples who want to get divorced. Among them are mediation and litigation. However, both of these methods require both parties to be on board. These methods are often expensive, and the parties often have to surrender some control.
Before marriage equality, it was difficult to obtain a divorce as a same-sex couple. Many states prohibited it, and couples were often not able to get a divorce unless they lived in a state that recognized same-sex marriages. If the couple moved to another state, they also struggled with the legal issues involved in divorce. Fortunately, the Supreme Court’s Obergefell decision has made it possible for same-sex couples to get a divorce in most states.
The first step in getting a divorce as a same-sex couple is to consult a lawyer. You should seek the advice of an experienced same-sex divorce attorney to ensure that your rights are protected. You should also be aware of any possible tax implications involved in a divorce.
A same-sex couple can also obtain a divorce if their relationship has irretrievably broken. To get a divorce, both partners must meet one of four facts outlined by the law. Unlike opposite-sex marriages, adultery cannot be cited as a reason for divorce. However, infidelity is an example of unreasonable behaviour.
Despite the difficulties, same-sex couples are now legally allowed to get divorced. As long as they meet certain requirements, they can expect the process to be relatively simple. In the meantime, you will have to deal with parental rights issues and property division as you would with any other married couple.
In the State of Texas, the same-sex couple has the same property rights as heterosexual couples. Divorce procedures are easier in other states that recognize same-sex marriage. For example, a legal same-sex couple who has been married for a few years is considered newly married and will have to go through the same legal process as heterosexual couples. Therefore, both partners must make sure that they have proper documentation to prove their marriage.
Once a couple is legally separated, the state can impose alimony or maintenance. The duration of the relationship, number of children, and income of the couple are considered when alimony is awarded. The state of marriage also plays an important role in determining alimony.
In most cases, the state requires one of the spouses to reside in the state in order to file for divorce. In Washington, the state requires one of the partners to be a resident of the state for at least one month before filing for divorce. Once a couple files for divorce, the court must decide on a property division order. The court will then divide the assets and debts between the two.
In New Jersey, a same-sex divorce follows the same process as a heterosexual divorce. In addition to dividing assets, the couple must also decide on alimony. Additionally, there are many considerations relating to child custody. A New Jersey same-sex divorce attorney can guide you through the process and help you make the best decisions during this difficult time.
Even if you and your spouse are biologically related, the child custody laws are a bit more complicated when a same-sex couple decides to divorce. If the child is adopted, it’s unlikely that either parent will be able to legally adopt it. A same-sex couple who does not legally adopt their child may be barred from custody. This may complicate matters and lead to further complications.
In addition to the legal challenges, LGBTQ couples are less likely to have the same support system as heterosexual couples. Their families and friends may be less understanding and sympathetic to their needs. As a result, they may face isolation and self-blame. They may also be more likely to suffer depression.
One of the main sticking points when determining property division and alimony is when the marriage began. In New York, if the couple had lived together for 18 years before their marriage, the date of their legal union can have a significant impact on the distribution of assets and alimony. The longer the marriage, the longer it will carry weight in the asset division and alimony case.
If the same-sex couple chooses to end their partnership, they will still remain in limbo. Domestic partnerships and civil unions are not recognized by all states. For example, couples in Delaware and Rhode Island are still considered married even after ending their partnership. The civil unions in these states were converted to marriages in 2013.