LGBTQ Divorce Law

A same-sex divorce is generally similar to an opposite sex divorce- there are standard divorce processes and a judge. However, same-sex couples may not encounter equal rights, depending on the state and the issues that arise during court.

Division of Assets in Same Sex Divorce Cases

In a same-sex divorce case, the spouses will need full clarity on what assets and debts will divide between them if there is no agreement beforehand or if the case leads to litigation rather than a mutually beneficial ending to the marriage. The judge usually must first determine the duration of the marriage before there is any clarity for the division of assets and debts.
Read more
Divorce Complications in Same Sex Marriage Cases

Several complications arise when both parties in a same-sex relationship want to end the legal marriage, and these may include the length of the marriage versus the relationship itself, custody issues with children and the division of assets which may also depend on the duration of the marriage. While the courts have a broad discretion in determining these issues, the couple may suffer because of this.
Read more
Effect of Civil Partnerships in Same Sex Relationships

Civil partnerships are one option that same-sex couples may use rather than getting married legally within the state of residence, but these partnerships can and often do provide additional benefits that a simple relationship may not. If the state does provide these benefits, it is important to understand what is possible based on these state laws.
Read more
Equal Rights in Same Sex Marriage and Divorce

When two same-sex spouses cannot resolve the conflict within the marriage, it can lead to divorce, but the spouses may not encounter equal rights depending on both the state and the issue that arises during the divorce process. It is important to come to an agreement before proceeding through a divorce to help alleviate the possible consequences the state may impose.
Read more
Equal Rights in Same Sex Marriage and Divorce

When two same-sex spouses cannot resolve the conflict within the marriage, it can lead to divorce, but the spouses may not encounter equal rights depending on both the state and the issue that arises during the divorce process. It is important to come to an agreement before proceeding through a divorce to help alleviate the possible consequences the state may impose.
Read more
Jurisdiction and Same Sex Divorce

The same-sex divorce often depends on which state has jurisdiction over these matters such as where the couple originally received the marriage certificate and became legally wed. Other matters may place one or both spouses back in the state to end the relationship legally with the rules that apply and when the state has jurisdiction over the divorce.
Read more
Same Sex Divorce - The Basics

A same-sex divorce is generally the same as an opposite-sex divorce in that there are a divorce petition, standard divorce processes and a judge that will determine who gets which assets and debts. However, just as with other divorces, the two spouses can choose to use an alternate divorce resolution method such as mediation.
Read more
Same-Sex Divorce - Benefits of Using Mediation

Mediation usually provides several benefits over the traditional divorce processes such as the significantly fewer costs and time used to dissolve the relationship before a judge. Other benefits are usually through the open dialogue and with the open communication it comes with to help resolve all manner of conflicts.
Read more
Same-Sex Divorce and Legal Complications

Some serious legal complications often arise when a couple in a same-sex relationship want to end the marriage through divorce. Issues include custody of the children, visitation and support to the spouse that does not earn as much income as the other. While these considerations are standard for the opposite-sex divorce process, couples in a same-sex relationship must often fight harder to acquire these necessities.
Read more
Spousal Support in Same Sex Divorce Cases

When proceeding through a same-sex divorce, acquiring spousal support may become a problem depending on the state and courts that determine this matter if both spouses use the traditional route to end the relationship legally.
Read more