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Since the Supreme Court’s 2015 decision giving same-sex couples the right to marry, many have grappled with the special issues that often arise during a divorce. While many aspects of dissolving a marriage are the same regardless of the gender of the parties involved, same-sex couples often experience unexpected complications that may require a divorce attorney to resolve. Below are some of the most common ways same-sex divorce sometimes differs.

3 Common Complications of Same-Sex Divorce

1. Residency Requirements

Before same-sex marriage was legalized throughout the country, many states and municipalities offered these couples alternative arrangements, known as civil unions or domestic partnerships. Due to the patchwork of rules and regulations governing these relationships, couples who entered these unions may have difficulty dissolving them, especially if either party has moved since then.

2. Dividing Marital Property

divorce attorneyBecause the right to marry was extended so recently, many same-sex couples have been together much longer than their official marriage. For instance, a couple may have been together for 15 years, but only married for two. In some states, property division is based only on the length of the marriage, not the duration of the relationship itself. If you find yourself in this situation, a divorce attorney will help you understand your rights under the law.

3. Child Custody Issues

Child custody issues can be especially complicated for same-sex couples, especially if one party never formally adopted the child. In these cases, parents may have no custody or support rights at all, although some jurisdictions have taken steps to recognize parental rights in these situations.

 

No matter what family law issue you’re facing, the divorce attorneys at Don Roberts Law Offices are ready to team up with you to meet your legal goals. They have extensive expertise with every aspect of the family law system and will work to ensure that all of your rights are respected. Visit their website or call (614) 777-4500 to schedule a consultation with a divorce attorney, and follow their Facebook for more insight into the process.

 

Don Roberts Law Offices is based in Columbus, Ohio, but serves clients throughout the State of Ohio. Our office in Hilliard, Ohio is convenient to Dublin, New Jefferson, Bexley, Westerville, New Albany, Hilliard, Grove City, Reynoldsburg, Gahanna, and other Franklin County municipalities. Our office is located in central Ohio and is just a short drive to/from anywhere in Ohio.  Attorney Advertising. This website is designed for general information only and should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. See our profile at Avvo.com or Martindale.com.

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