Same-sex divorces have some unique considerations. For example, depending on the state, the length of the marriage may be determined from the date of marriage or may be adjusted to account for the period of cohabitation. In addition, prior to the legalization of same sex marriage, some couples may have registered as domestic partners in their state. This registration may need to be dissolved coincident with the divorce. Finally, parent-child issues may be more difficult to resolve, and a process of mediation or collaboration may provide the needed flexibility. See this article for more information.
Tag Archives: same-sex marriage
Same-sex Divorce Poses Complications for Some Splitting Couples
How Advisers Can Help Same-Sex Couples Navigate Legacy Issues
Same-sex marriage is now legal in the US and in many other countries. However, before marriage was legal, same-sex couples may have registered as domestic partnerships in their states. If such couples divorce, they may still be legally bound with respect to debts and estates. Couples should check with their state whether they need to dissolve the domestic partnership now that they are married. In addition, to ensure access to children of the relationship, it is recommended that the non-biological parent pursue a second-parent adoption. Read this article for more information.