Divorce is a common way to dissolve a marital relationship, even in a same-sex marriage. When same-sex couples cannot eliminate their marital conflicts, divorce is always a sure conclusion. Before going through a divorce, the couple has to come to an agreement, so that any consequences may be alleviated.
Marriage in America
Back in 2015, federal laws concerning same-sex marriages changed. That year, same-sex marriage was proclaimed legal in the United States. Before this happened, same-sex couples could only get their marriage licenses in certain states. Some even just decided to go through civil partnerships that gave them the same or similar benefits.
The changed laws enabled ever state to issue marriage licenses to same-sex couples unless certain issues arise. Some consequences depend on any issue added to the mandate and on the state itself. It is necessary for the couple to have a lawyer to make sure same-sex couples have the same rights enjoyed by couples of the opposite sex.
Equal Rights During Same-Sex Divorce
Obtaining and keeping equal marriage rights in a same-sex marriage is usually challenging, based on the issue. The difficulty takes place in child or spousal support, division of property, and child custody.
In a same-sex divorce, the process supports the biological parent of the child. The rights to visit the child may not apply if just one parent has the legal rights in a particular state.
The judge should understand that same-sex couples have the same problems as couples of the opposite sex. This applies to financial support after the marriage comes to an end.
Acquiring property is complicated and can even result in problems if the same-sex couple ends their marriage through divorce. Depending on the state, both spouses have equal rights to the property. Some states do not permit both same-sex spouses to have their names on the house’s deed without going through more processes. Plus, it is hard to determine whom to name as the owner of specific properties.
Because of such difficulties, it is always better to have an alternative divorce solution. This is better when the court doesn’t completely understand what is truly important for same-sex spouses. This may lead to arbitration, mediation, or a different process provided by the state involved.