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Same-sex couples face unique challenges in divorce

As a same-sex couple, being able to marry gives you the same rights as heterosexual couples. You get the right to thousands of benefits federally and at the state level, too.

Of course, just like opposite-sex marriages, same-sex marriages can end in divorce. With them, though, there are more complications. Why? Many same-sex couples were not married when they would have been because it used to be illegal. As a result, the shared assets they have may include more than just what they've acquired during their marriage.

Why had there been a sharp increase in same-sex divorces in the past?

Part of the reason is that so many people rushed to get married when same-sex marriages were made legal. Today, the number of same-sex couples getting married is more consistent with the number of opposite-sex couples marrying. The same is true of divorce. However, divorces might seem to happen more often for a short time, since there were so many people who "rushed" to the altar.

There are unique issues that same-sex couples face during divorce including determining the true length of the relationship and custody rights. It's still the case that the nonbiological parent will need to adopt their spouse's child if they want to have custody rights in the future. Establishing a legal tie in any way is essential.

It's necessary to work with an attorney versed in same-sex divorce laws if you're going through a same-sex divorce. There are special issues that affect you, and you deserve to have the support and protection that you need moving forward.

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The Law Offices of W. Robert Montgomery

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The Law Offices of W. Robert Montgomery is a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.

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