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Trusted Legal Guidance for Your LGBTQ Divorce
When the United States Supreme Court struck down the Defense of Marriage Act (DOMA) in 2015, it not only legalized same-sex marriage, but also paved the way for same-sex divorce. Prior to that landmark decision, same-sex couples that had been legally married but then moved to states where same-sex marriage was not yet legal could have a difficult time getting divorced.
Today, same-sex divorces for people who were married after marriage equality became law will proceed in the same way as any other divorce. However, for some couples who have been together for a longer period of time there may be some additional complications.
At Sunset Family Law, we are here to be your friendly and reliable advocates throughout your divorce to help you get through the process smoothly and to allow you to focus on giving yourself a fresh start.
Issues associated with LGBTQ divorces
Generally, the issues that arise during LGBTQ divorces are the same as those that must be dealt with during other divorces. However, there are a few small complications that may arise.
- Multiple registrations: Some couples who got married before marriage equality became law might have multiple registrations for civil unions or domestic partnerships in place, which may add some procedural complications.
- Child custody: Some same-sex couples may have started families before they could be legally married, and if so, there's a chance one parent may not have legally adopted the children, which could cause some complications in determining custody and visitation arrangements.
- Spousal support: If the couple was together for years before they could legally become married, judges will have to consider whether or not that should be a factor in an alimony arrangement. The longer the marriage, the more likely it is a judge will award alimony, but this is a unique issue for LGBTQ divorces because the couple may not have legally been allowed to marry until just a few years ago, despite their relationship having started much earlier.
Contact us
Our attorneys at Sunset Family Law care deeply about reducing your stress as you go through the divorce process and allowing you to feel confident that you will come away with the best possible result for you. To schedule a consultation with our attorneys, contact us today at [email protected].