In 2015, the US Supreme Court created history when it legalized marriage between individuals of the same sex. Before the court ruling, same-sex couples who wanted to get married had to fly to a state where gay marriage is legal. Getting a divorce at a later date, however, would need these couples to go back to the state where they tied the knot.
Before seeking the help of
divorce attorneys in Santa Fe, NM, for instance, you need to meet the state residency requirements. Different states have varying residency requirements. In most cases, state authorities require you to have resided in the particular state for a minimum of six months. Divorce becomes extra complicated if the marriage you want to dissolve happened in a state different where you live now. Working with an LGBT divorce lawyer, however, will see the divorce become successful despite the circumstance.
Basics of Divorce
Every state in the country allows a no-fault type of divorce. You do not need to explain why you want to end your marriage. But it should be clear that the two individuals want to end the marriage. During a divorce, the judge will help with issues, such as child support, spousal support, and marital property.
Property Division
Marital property refers to any property that both parties acquired while married. In a divorce case, the judge divides the marital property and marital debts between the individuals. Any property that an individual acquired before getting married is identified as separate property. Any of this property is retained by the person who acquired it. Property division depends on the discretion of a judge but also observes state laws.
Child Custody
Custody battles in same-sex divorces are different from the custody battles in heterosexual divorces. If one party had children before gay marriage, it is difficult for the other party to adopt the children. In such a case, during divorce, a
non-biological parent may not have any parental rights. It is difficult to predict the outcome of a same-sex divorce regarding children’s custody. The best way to handle this is for the divorcing couple to create a plan to parent the children and avoid any conflicts that may arise during this time.
Spousal Support
Again, this issue becomes complex if a couple got married before same-sex marriage became legal across all 50 states. There could be an alimony award to any spouse if they need financial support. The judge, however, considers other factors before making a final decision. In general, a marriage that lasted long has a higher chance of the lower-earning spouse obtaining alimony.
No divorce case is similar to another. Multiple factors come to play when any marriage is ending. In the case of same-sex marriage, divorce can be more complicated, especially if the marriage happened before same-sex legalization across the US, and you got married in a state different where you live now. Nevertheless, divorce is an attainable process, no matter the complexity of the case, once you get the help of the right legal professionals.
