Same Sex Divorce Faces Unique Challenges


Same-sex divorces face unique challenges

Now that same-sex marriage is legal, these couples not only face the same issues that opposite-sex couples do when it comes to divorce, they actually face even more complicated issues when it comes to divorce.

For instance, when did the couple marry?  Same-sex couples who lived together for many years before marriage was an option could now have trouble convincing a judge to backdate the relationship. Or what if they married in a non-residency state and then several years later married again in their home state when same sex marriage became legal in their state?  Which marriage date applies?

Child custody is even more complicated, since not all states recognize parental rights for both spouses.

Given these legal hurdles, mediation should be especially appealing in same-sex divorces.  In a mediated divorce, these couples can decide to pick whatever marriage date or child custody arrangement that seems equitable in their situation and have a kinder, more affordable divorce.

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