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What are some unique concerns in a same-sex divorce?

On Behalf of | Jul 9, 2022 | Divorce

It’s rarely easy to end a relationship with someone you once loved – but that struggle can be amplified across several lines when a same-sex couple gets a divorce.

If you’re in a same-sex marriage and you’re contemplating divorce, it pays to have a better understanding of the complex issues that may come into play. For example:

Property division may be harder

If you and your spouse were together before it was legal for you to wed, your finances and property might have been intertwined long before you said your vows. You may even have an old “palimony” agreement that speaks to the issue. That may make property division much more complicated since the usual rules regarding separate property and marital property may not apply.

Custody issues may be very complicated

If you have minor children with your spouse, issues of custody can get very complicated – unless you and your spouse are willing to work together for the best interests of the children. The court may have to consider the biological ties of each parent to the child (if applicable), whether the child was adopted by one or both parents and each parent’s history as a caregiver.

Even your divorce may not sever your ties

Many same-sex couples sought domestic partnerships and civil unions in various states before they could legally marry – and those may have to be dissolved separately from your marriage. That’s an additional hurdle that many long-term same-sex couples don’t expect in their divorces.

If you’re unsure of your legal options and you’re considering a same-sex divorce, it’s time to learn more about your rights and what you can expect in the months to come.