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Same Sex Divorce

same sex divorceOn Friday, June 26, 2015, the Supreme Court handed down its landmark decision ruling gay and lesbian couples have a constitutionally protected right to marry and that states must recognize those marriages. This ruling enforces the legality of same-sex marriage nationwide.

With this ruling same-sex couples now have the same rights as opposite-sex couples. Same sex couples can now marry and divorce.

Factors to consider when seeking a same sex divorce

  • Length of the Marriage. It can be difficult to figure out the start date of a relationship when a same sex couple divorces. Should their entire co-habitation period be considered part of the marriage? How long was their marriage for the purposes of alimony/maintenance? The equitable distribution of property can also be a sticky issue. These issues in divorce take into consideration the length of marriage as a determining factor. This could present a problem to same sex couples that have been in a committed relationship for many years prior to the marriage.
  • Custody. If there are children involved determining custody and visitation in a same sex divorce can be a challenge. Issues of biological parent vs non-biological parent may possibly be a factor.

Regardless of sexual orientation, when it comes to children, divorce cases often get emotional. Child custody in same-sex marriage is no exception. Generally, same sex and straight couples are subject to the same laws in these matters, but there are unique circumstances to be aware of.

Each state's laws are different, and many factors can affect the process. It is important to find an attorney who is knowledgeable and experienced in handling same sex legal issues.

The following are links that will help guide you through the divorce process:

Divorce Attorneys - A directory of divorce attorneys listed by state and county.

Divorce Mediators - A directory of divorce mediators listed by state and county.

Divorce Services - A directory of firms offering divorce related services including Family Counselors and Therapists, Divorce Planners, Legal Services, Financial Planners, Accountants and Paralegals.

Free Child Support Calculator - Free child support calculator for all 50 states and the District of Columbia.

The Collaborative Divorce Process - If you are contemplating a divorce but want to avoid the fault finding, fighting and conflict that is bound to occur in the adversarial system, then this alternative might be for you.

Alimony - Comprehensive guide to the different types of alimony, including the criteria generally used in the determination and amount of alimony, and tax ramifications.

Child Custody - Reviews the different types of child custody. The emotional (for both child and parent) and financial points of view of a custody battle are also discussed including court ordered professional custody evaluations.

Child Support - Guide to understanding child support payments, and the criteria used in determining the amount of payments. It covers the emotional aspects as it relates to visitation and the possible ramifications of non payment.

Frequently Asked Divorce Questions - A state by state list of frequently asked questions with answers supplied by divorce professionals.

Divorce Support Groups - A listing by state of Support Groups that deal with the issues of divorce.


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