Dissolving a Same-Sex Marriage: What You Need to Know
The legalization of same-sex marriage in the United States has provided couples with the same rights and responsibilities as heterosexual couples. This includes the right to marry and the right to divorce. However, the legal aspects of same-sex divorce are not always the same as those of heterosexual divorce. There are some important differences that same-sex couples should be aware of when considering a divorce.
Grounds for Divorce
The grounds for divorce are generally the same regardless of the sex of the parties. Most states recognize “no-fault” grounds for divorce, meaning that the court does not require a showing of fault on the part of either spouse. This means that a couple can get divorced without having to prove that one spouse was at fault for the breakdown of the marriage.
Division of Property
The division of property in a same-sex divorce is similar to the division of property in a heterosexual divorce. Generally, the court will divide the property according to the laws of the state. This means that the court will divide the property in a way that is fair and equitable to both parties. In some states, the court may consider the length of the marriage when dividing the property.
Parenting Responsibilities
In a same-sex divorce, the court will consider the best interests of the child when making decisions regarding parenting responsibilities. This means that the court will consider the relationship between the parents and the child, the ability of each parent to provide for the child’s needs, and any other factors that the court deems relevant. In some cases, the court may order joint legal custody, meaning that both parents have the right to make decisions for the child.
Spousal Support
The court may award spousal support in a same-sex divorce. This means that the court may order one spouse to pay the other spouse a certain amount of money every month. The amount of support may depend on the income of each spouse, the length of the marriage, and any children that are involved.
The Process
The process of obtaining a same-sex divorce is generally the same as the process for a heterosexual divorce. The couple will need to file a petition with the court, and they will need to appear in court for a hearing. At the hearing, the court will make decisions regarding the division of property, parenting responsibilities, and spousal support.
The Importance of Experienced Legal Representation
It is important for same-sex couples to have experienced legal representation when going through a divorce. Experienced attorneys can help couples understand their rights and obligations, protect their interests, and ensure that the process goes as smoothly as possible. Additionally, experienced attorneys can help couples reach an agreement that is fair and equitable to both parties.
Conclusion
The legal aspects of same-sex divorce are similar to those of heterosexual divorce. However, there are some important differences that same-sex couples should be aware of when considering a divorce. Experienced legal representation can help same-sex couples navigate the process and protect their interests. Our knowledgeable attorneys can guide you through the process and protect your interests. Contact Pyfrom Rielser, PA for legal representation from attorneys who care.