Understanding The Challenges in A Same-Sex Divorce

Categories: Divorce & Family Law

Understanding The Challenges in A Same-Sex Divorce

The divorce process for same-sex couples are typically the same as heterosexual couples. However, same-sex couples may face a few more challenges. Over time, the path to parenthood and marriage has evolved, which make the stipulations and laws surrounding same-sex divorce slightly more complicated than heterosexual couples. Fortunately, if you are aware of these potential challenges, you will be better prepared to face them.

It is important to be aware of the problems you may face and have to overcome as a same-sex couple. It is also advisable to engage an experienced attorney to help with your divorce proceedings. Read on to find out what are some issues you may face when filing for a divorce.

Child Custody

When same-sex couples decide to expand their families, they may do so through several options such as through a surrogate or adoption. For female same-sex couples, they may choose to bear children by having a donor sperm fetilize their own eggs. However, when these couples divorce, it may be complicated to determine fair custody of the child or future child support arrangements. As dealing with child custody issues for same-sex couples have not been around for a long time, there are FEWER established rules to follow.

Determining child custody is complicated because of several laws. They include:

  • Parents who are not biological may not be legally obligated to pay for child support.
  • Legal precedent for custody goes to biological parents by default.
  • If a non-biological parent is listed on a child’s birth certificate, or if the child was adopted by someone who is not their biological parent, they have more standing for child support obligations and shared custody.

DivorceS between same-sex couples are still relatively new. In such cases, it is important to engage an eXperienced attorney familiar with such custody matters to help you with you understand your case.

Division of Property 

Before you legally marry your spouse, the both of you may have been in a committed relationship for a long time. As such, you may have joint bank accounts and shared credit cards, and may even have bought property together. If a legal partnership had existed between you and your spouse before your marriage, sorting out property division matters may be more complicated.

It could be difficult to categorize certain assets as individual property or MARITAL property if the date of the couple’s union is contestable. Property division usually depends on when the couple got married. As such, the case becomes more complex if the couple had entered a domestic partnership before gettting legally married.

If you and your spouse were in a committed relationship before getting married, you should work with your attorney to determine how you can apply property division laws to any debts or assets you and your spouse gained during your marriage.

Finding the Right Attorney

Same-sex divorce is more complicated than regular divorce. Hence, it is important to engage an attorney who is highly knowledgeable and experienced in the field.

Attorney Romanowski from Romanowski Law Offices specializes in family law, and has been named top 10 in New Jersey by the National Academy of Famly Law Attorneys. divorce mediation expert. As such, Attorney Romanowski understands the different challenges faced by same-sex couples during their divorce proceedings, and will help you navigate complex law proceedings surrounding your divorce.

If you are finding a reliable and capable attorney to represent you in your same-sex divorce, contact Romanowski Law Offices today.