7 Things To Know About Divorce From An LGBT Attorney

March 10, 2015

Same Sex Marriage is a topic that often leads to more controversies. Currently, about 30 states in USA recognize and permits same sex marriage. Globally, there are endless debates as to whether to positively allow same sex marriage or not; these debates being marred with lots of emotive debates coming from all corners of the society including religion, tradition and culture, to mention but a few.

Note that, regardless of the sexual orientation of your marriage, provided that the state you are residing in allows same-sex marriage, the divorce laws are actually the same. However, there are some differences mainly in same sex divorces that one needs to be aware of. We are going to discuss of details

7 Things to Know About LGBT Divorce

1. If you are legally married and are currently residing in a state that does not allow same-sex marriages, you may actually not divorce in that state. For instance, if you got legally married in California while residing in California and later on moved to Florida (which currently prohibits same sex marriage); you will actually not be able to divorce until you relocate to another state that allows same sex marriage.

2. In relation to the first difference, moving to another state that allows same sex marriage will mean that you comply with the residency requirements before filing a divorce suit. For instance, if you are to divorce in a California, the residency requirement is 6 months. In summary, make sure to understand the rules governing your state of interest before moving in.

3. Suppose you got married and separated and decided to live separately in different states that do not allow same sex marriage. If one of the parties was to fall ill, their ex may be the only person charged to make medical decisions. This is basically because marriage laws and medical laws are not the same.

4. If you are a same sex couple, you cannot remarry unless you are legally divorced. Remarrying without divorcing renders the first marriage void and could subject you to a bigamy charge.

5. Note that laws governing same sex marriages, just like all other laws keep on changing. Therefore, let’s take for instance that you are legally married but recently relocated to another state that has recently allowed same sex marriage, then it means that, like all the residents of that state, you will be subjected to the same laws as everyone else.

6. Note that, mostly, but not entirely, LGBT marriages often bear multiple statuses. For instance, there are cases where same sex couples before they were officially married entered into domestic partnership (registered). If in future this couple were to have a divorce, all these issues should, and need to be dissolved in the same proceeding.

7. In same sex divorce with child custody issues, the same laws are applied as with heterosexual marriages. However, the courts, tentatively lack the experience and have biases when there are two dads or two moms. Fortunately, there is a way to resolve this and both parties can be granted joint custody.

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