Divorce has never been easy but more difficult for same-sex couples. Marriages may not work for any couple irrespective of orientation. However, for same-sex couples getting a divorce (check out the website for more information), both parties should get legal counsel, dissolve all past relationship statutes, and learn relationship recognition state laws. As different states treat domestic partnership and civil union dissolution differently, same-sex couples who want to strengthen their relationships should get advice from a local attorney knowledgeable about the state laws.
Same-sex divorce in Birmingham comes with certain challenges. Want to know such challenges? Find them below:
1. Same-Sex Divorce Rules Differ Depending on Relationship History
Lesbian and gay couples can file for a divorce easily. People entering into a domestic or civil union partnership may sometimes be forced to apply complicated state laws, which make mending relationships challenging. However, the stakes are highest for same-sex parents who want to split as many states grapple with a parent’s legal definition.
Many states require non-resident same-sex couples who are married or joined by civil unions to meet multiple requirements before the union dissolution gets granted. Such states have relaxed divorce residency standards and dissolution proceedings.
2. Undissolved Unions May Sting
Lesbian and gay couples have various relationship statuses because of the updated marriage equality laws. They have initiated a civil union in one of the progressive states. The courts still struggle to resolve the precedence of relationship status to divide property in divorce settlements. If the same-sex couples’ civil union/domestic partnership stays intact, they can’t remarry and held legally responsible for making medical decisions for their ex-spouse in emergencies later.
A future marriage can considered void and null, which may jeopardize your position in a property division or child custody when a marriage ends in a divorce. Dissolving a marriage status doesn’t dissolve others unless it’s included in the order. The court can dissolve marriages, partnerships, and civil unions in the same proceeding. However, the onus is on same-sex couples to disclose their statuses and ensure they are dissolved.
3. The Parent Trap
Divorce risks amplify for same-sex parents seeking to retain shared custody of their kids since “marital presumption” laws become the latest legal field. Every state has its definition of “marital presumption,” which indicates any child born into a marriage is considered to be the legal child of both parties.
The legal matter is more complicated for lesbian or gay couples in which a spouse is artificially inseminated. Building parent rights depending on a biological link is more complicated for lesbian couples in which a woman is artificially inseminated with embryos from the sperm donor and her partner.
The Bottomline
As now you know the big challenges of filing the same-sex divorce, take steps carefully. Ensure you keep the discussed complications in mind before heading for a divorce.
