Same Sex Divorce

A few months ago, we wrote an article on same sex marriage and immigrant visa petitions. But there are many more aspects of this new law that benefit the LGBT community, and one of them is same sex divorce.

With this new law comes a great opportunity for equal protection under the divorce process, as same sex couples have the full right to procure a divorce independent of which state they hold residency in. This should be a sigh of relief for many couples seeking to legally end a marriage. Though divorce, no matter what kind, can get fairly complex depending on your individual circumstances and situation.

Before the Supreme Court’s Obergfell v. Hodges decision, married gay couples had to investigate their state laws when it came to matters of divorce. Which could pose a potential issue, if a couple moved to and now reside in, a state that doesn’t recognize same sex marriage or divorce. There are many technicalities that can rely solely on the compatibility of such laws. This was very problematic for complex issues like child custody or property division. It’s difficult enough to have to separate and end a relationship, but to have to enter a forest of issues on the legal end of things made matters even worse for a lot of people.

Changes To Come

Since this historic change in marriage equality is so fresh, we will undoubtedly see the state laws change, adapt and be influenced by the Federal ruling. This will be particularly helpful in the area of Domestic Partnerships and Civil Unions. Many opted to make these alternative arrangements because of the problems associated with gay marriage, at the time. While gay marriage is now legal across the United States, couples that have Domestic Partnerships or Civil Unions may still experience problems due to conflicting state laws. Right now, dissolution of these partnerships and unions still hold the same level of difficulty that same sex divorce had, prior to the Obergfell decision.

So even though we have entered a new era of marriage equality, there are still a few areas that need some adjustments. We are committed to answering any questions you might have concerning gay divorce.

Seff & Capizzi Law Group has an immense amount of experience with family law and divorce. We also strongly support the LGBT community, in all matters of equality. We can guide you though the divorce process and help you find the proper avenue for your individual circumstances. We encourage you, regardless of Marriage, Domestic Partnership and Civil Union status, to contact us at 954-920-9220.