In most situations, a same-sex divorce is the same as any other. Two people need to separate their assets, set up custody arrangements and work through other factors involved in their divorce.
Not all same-sex divorces were recognized in the past, and people had trouble getting divorce pre-2015. However, since then, same-sex marriage and divorce have been legal across the country. Same-sex marriages can legally be ended in any state.
What’s the problem for same-sex couples, then?
The biggest problems are for those who are in long-term domestic partnerships or those who got married after a long-term relationship. Since marriage was not legal in the past, it could mean that the relationship is only recognized as marriage from the time of the legal marriage, not including the many years when marriage wasn’t an option. That could mean that the longest same-sex marriage would only be around four years old in some places, even if the couple had been together for decades.
For this reason, your same-sex divorce has some special considerations. You may want to show documentation for how long you lived together as if you were married, which could help the judge encourage a fairer split of your assets.
No divorce is easy, but a same-sex divorce has a few special issues that you can discuss with your attorney. You deserve the same help and respect as anyone going through the struggle of a divorce. This is a difficult time, but you can get through it, and move on with your life with the right support and help while you divorce.
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