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Common divorce challenges for same-sex couples

On Behalf of | Feb 12, 2020 | Family Law |

Divorce can be more difficult for some same-sex and queer couples. Those who decided to end their marriage have found it can be more time-consuming, costly and complicated for them in comparison to heterosexual couples.

These complications often manifest in numerous aspects of the divorce process.

Unclear beginning of marriage

Before the legalization of same-sex marriage, some same-sex couples entered civil unions, which only provided protections and benefits at the state level. If a couple who were previously in a civil union wed when same-sex marriage became legal, it could make dividing assets and agreeing on alimony payments more difficult. That’s because these things often vary based on the length of the marriage.

In some instances, courts may agree to include civil unions as part of the marriage’s length, but that’s not always guaranteed. And if there was one spouse who earned more than the other, this could leave the lower-earning partner at high risk.

Child custody complications 

Depending on the judge’s opinion on same-sex marriage, it could determine how they perceive the relationship between a parent and their child. In some circumstances, if parents can’t agree on a custody plan, the court could create one for them. If the judge holds a negative view of same-sex marriage, this could result in one parent gaining sole custody of the child.

Extra hurdles in divorce can create hardship

As some parts of society are still adjusting their attitude towards same-sex marriage, same-sex couples may continue to face some legal obstacles. Same-sex couples looking to file for divorce in either New Hampshire or Massachusetts may want to have a dedicated and trusted family attorney by their side. They can offer the guidance couples need to move into their post-divorce life successfully.