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Same-Sex Divorce: Everything You Need To Know

Nov 16, 2022 | Divorce

Separation and divorce are difficult experiences for any couple, but when the breakup involves two people of the same sex, unique legal challenges can arise. Because same-sex marriage is a relatively new concept, the law in this area is still evolving. If you are considering same sex divorce in Palm Beach County, it is essential to understand your rights and options.

Child Custody Conflicts

Child custody is one of the most critical issues to resolve during a divorce. In many cases, the parents can agree on who maintains custody of the children without any problems. However, when the parents cannot come to an agreement, the issue often goes to court.

A challenging aspect of child custody disputes between same-sex couples is that, in some states, only one partner can be legally recognized as a parent. This can lead to complications if both partners want to share parenting responsibilities. In addition, if the couple has adopted a child, both partners may not get recognized as legal parents in some states.

If you are facing a child custody dispute as part of your divorce, it is vital to have an experienced attorney. Your divorce lawyer in Palm Beach County can help you navigate the legal landscape and fight for the outcome that is in your child’s best interests.


Divorce is never easy, but it can be even more complicated when spouses are of the same sex. This is especially true when it comes to alimony. There is little guidance on how these divorces should get handled. This can make it very difficult for couples to agree on rightful compensation.

When a same-sex couple divorces, the court must determine whether one partner is entitled to alimony from the other. This determination can be difficult, as there are no guidelines for awarding alimony in same-sex divorce. The court may consider some factors when determining the length of the relationship, the financial contributions each partner made to the relationship, and whether one partner cannot support themselves financially after the divorce.

Property Division

When same-sex couples divorce, the property must get divided fairly and equitably. This can be a complex process, as there are often many assets to consider. A qualified divorce lawyer in Palm Beach County can help you navigate the process and ensure that your interests get protected.

When dividing property, the court will consider several factors, including the length of the marriage and each spouse’s contributions to the marriage and financial needs. The court will also consider whether any property is separate, meaning one spouse owned it before the marriage.

In conclusion, now that same-sex marriage is legal in all 50 states, more and more couples are choosing to divorce. While the process is similar to traditional divorce, there are some essential differences to be aware of. Contact Pyfrom & Reisler, PA if you have questions about your same sex divorce in Palm Beach County. We can provide the guidance and support you need to protect your rights throughout the process.