Same Sex Marriages and Divorce

When people get married, they don’t usually plan to get a divorce. Unfortunately, relationships end regardless of the couple’s sexual orientation. Nearly 50% of all marriages end in divorce, so you have the odds stacked against you. Same sex couples face the same issues as heterosexual couples when it comes to relationships and divorce. They will have to address property division, asset division, child custody, child support and visitation among other issues. As in any divorce, two individuals in a domestic partnership or a same sex marriage should always have the dissolution of the marriage be handled by a qualified and experienced divorce attorney. Doing so will help protect your rights and ensure that your best interests are kept in mind during the divorce process.

As in any serious relationship, breaking up can be hard to do, especially when the couple has financial ties in the relationship. Whether you and your partner share a home, a business, a bank account or children together, all will need to be addressed and appropriately divided. Regardless if a couple is married or not, wherever there is money or children involved their assets and responsibilities to their children will need to be sorted out.

Although couples in a domestic partnership share many of the same rights and responsibilities as a heterosexual marriage, there are subtle nuances in relation to the laws that govern domestic partnerships and same sex marriages. An experienced family attorney will be able to navigate you through important matters such as medical decision rights; life insurance proceeds rights, domestic partnership health insurance rights, child custody and visitation rights, property inheritance should your partner die without a will, rights regarding a wrongful death claim upon the loss of your partner and more.

If you are terminating your marriage or ending a partnership of domestic nature, you are going to need help with important issues such as property division, asset division, debt and issues relating to children (if applicable). Even if you and your partner agree on the above issues, it will be important to have them clearly addressed to ensure that no problems arise in the near or distant future. Having all of your legal bases covered will prevent disagreements from arising which could cause you trouble down the road.

In the state of California, the laws pertaining to same sex domesticated relationships or marriages have been inconsistent, especially in recent years. This has made some of the laws ambiguous and difficult to understand for those who aren’t professionals in the legal field. Whether you are entering a domestic partnership or dissolving your same sex marriage, you should contact an experienced family law attorney. Divorce can be a highly emotional and sensitive experience, and even the most amicable breakups can take a turn for the worse. Your lawyer will be abreast of recent changes to all laws concerning these issues, so you can rest assured that your interests will be well protected. If you would like more information about how an attorney can protect you during this time, contact a family law attorney as soon as possible!

Jeffrey Roberts

Emily Roberts: Emily, a former corporate lawyer, demystifies the world of law with clear explanations of legal principles, case analyses, and insights into the legal profession. Her blog is a valuable resource for law students, legal professionals, and anyone interested in law.