Last Updated on: 28th July 2023, 07:15 pm

Same-Sex Marriage Laws: Protecting Your Interests in Same-Sex Divorce

The landmark decision of the United States Supreme Court in 2015 has led to significant strides forward for same-sex marriage rights. As with heterosexual marriages, people who choose to practice a same-sex marriage apply for a marriage license, organize a civil or public ceremony, and receive their marriage certificate. The freedom for married couples to express themselves and form dynamic relationships based on mutual respect, love, understanding and giving is now evident across all areas of society.

It’s worth noting that just like traditional marriages, same-sex unions don’t always have a happy ending. According to statistics from the Centers for Disease Control and Prevention (CDC), the divorce rate in the United States is high- approximately one half of married couples divorce, while barely fifty percent remains continuously married.

When it comes time to pursue a divorce in a same-sex relationship dissolution case, parties often initiate things by filing separation petitions or initiating divorce proceedings as they would do in conventional divorces. Life after separating from a long-term partner can be emotionally overwhelming financially burdensome. Divorces require considerable resources; retainers must be paid for lawyers who will help you navigate courts’ procedures including property division negotiations and child custody concerns if applicable.

Notably different from traditional heteronormative divorcing is the requirement by the state court system distinguish between legal conceptions involving spousal support allocations and financial matters relating to shared children welfare as affecting LGBTQ marriages differently than those that are heterosexual-specific.

For instance, when biological parents give birth to children within the context of traditional marriages, family law presumes both spouses have equal fundamental parental rights over their childrearing duties. Unfortunately discriminatory interpretations placed upon certain court principles may fail to afford non-biological parents thinking they’ve acted as parents under what presumed de facto parentage which instigate uncertainty that equitable property seizure orders or equal parenting time may not be granted. In addition, it can be difficult for the non-biological parent to secure a firm agreement on child support payments.

Specific Same-Sex Divorce Issues

Same-sex divorce has many peculiar issues that our lawyers are especially sensitive about. An individual may encounter problems such as proving parenthood and frustration over spousal and child support payment. Our commitment is to help ensure each client gets fair representation while demonstrating compassion around hard-to-discuss topics like your private life.

Given the experience we’ve accumulated over decades of practice covering various forms of partnership dissolutions inclusively, ranging from domestic partnerships and marriages, we understand how delicate same-sex divorces are compared with ordinary divorces. The focus of our services centers exclusively on clients’ interests with respect towards opposing parties.

During consultations, you’ll discover no judgments from any of our veteran attorneys regardless of your current or past situation. We always promote mutual human respect first before taking any other action in the achievement of legal settlements in same-sex divorce cases by offering ample opportunities for smooth dissolving communication that respects individual agency dignities above all biases which lessen fears echoed often within requesting references.

Our commitment ensures every client receives expert guidance at every stage reducing complications felt during this economic climate filled with job losses when emotional turmoil already tops everyone’s concerns.

Table 1: Same-Sex Marriage Laws

|Topic | Description|
| — | — |
|Marriage licensing process | Same as heterosexuals |
|Ceremony | Public/ civil ceremony |
|Dissolution | File for divorce legal separation|
|Issues Encountered | Establishing parenthood; spousalchild support not clearly defined |

Table 2: Specific Legal Rights To Consider During Same-Sex Marriage Dissolutions

|Basis | Traditional Marriages Comparison Statuses |
| — | — |
|Parentage Presumption Standardization: Both partners are presumed equal parents. | Discriminatory court interpretations may not affirm non-biological parenting rights.|
|Child Time Spent with Parents | Equal Parental Statutory Case Law Applicable |
|Exclusive Use and Occupancy of the Home | Equal equitable distribution is relevant to protect property rights when petitioning |

Table 3: Our Incisive Representation in Same-Sex Divorce Proceedings

|Topic |Description |
|— |— |
|Ever Ready Legal Team |Availability of seasoned attorneys for consultations or legal processes at every stage through case lifecycles.|
|Unbiased All-Inclusive Approach | Your interest remains our priority regardless of your prior circumstances with sensitivity as regards discrimination faced uniquely by same-sex couples.|
|Affordable Legal Fees | Competitive attorney fees affordable to clients. We understand the already stressful situation and seek to provide a cost-effective solution that ensures fair representation within their budget constraints.|