Prior to the Supreme Court’s 2015 ruling legalizing same-sex marriage, many gay couples faced significant challenges obtaining a divorce. Same-sex couples were generally able to obtain divorces in states where they were married, however, may not be able to obtain a divorce in a state they were living in that did not recognize gay marriage as legal. Additionally, if they were married in another state and were unable to obtain a divorce in the state they were married in, but did not live in, due to residency requirements, they may have been left with few options to divorce.
The complications between different state laws oftentimes created struggles having support orders enforced, leading to additional challenges for same-sex married couples seeking a divorce or enforcement of a divorce order and settlement agreement. Now that same-sex marriage is legal, same-sex couples enjoy the same legal rights and protections as opposite-sex couples and are able to obtain marriages and divorces.
All couples may face the same divorce-related issues and challenges including property division, alimony, child support and child custody concerns. The family law process provides guidelines and resources to help divorcing couples resolve of these issues that are important to them and their families. The family law process provides resources to help divorcing couples reach amicable solutions to divorce-related disputes but also provides help if they are unable to reach shared agreements and the court will step in to help make important determinations.
Same-sex couples generally face the same divorce-related concerns as other couples and the family law system is available to help guide divorcing couples through the process. Knowing what to expect from the process, the resources available, can help create a better experience for the divorcing couple and family.
Source: Family FindLaw, “Same-Sex Divorce: What You Need to Know,” Accessed Nov. 7, 2016