One of the major issues those going through a same-sex divorce have is the reality that marriage was not always legal for same-sex couples. As a result, people who have been together for decades may have a very short marriage but have many assets they need to divide if they divorce.
It can be extremely difficult to break up a marriage regardless of its length, but there are special legal challenges that come with same-sex divorces. Both sides have to agree on how long they’ve lived together as if they were married, even if they only legally married recently. Only by knowing the true length of the relationship is it possible to know what should actually be considered as marital property.
One of the best things for a same-sex couple going through divorce to do is to consider mediation. If the couple can’t agree on the date from which they would have been married had it been legal, they can at least go back and look at when they began to share property equally. A mediator can help both parties talk through their thoughts and come to an agreement.
If you and your spouse can agree on when you would have been married prior to the legalization of same-sex marriage, then any assets from that point forward could be divided. There is a lot of gray area in same-sex divorces, so you should both bring as much documentation as possible to help the judge and court understand your plight and why you believe you are entitled to a share of certain assets.
Our website has more on same-sex divorce and what you can expect. The right help can make a difference in your divorce case.