Historically, LGBTQ couples faced various hurdles when it came to getting married. However, the Supreme Court ruling in Obergefell v. Hodges declared same-sex marriages lawful in every state as the right to marry is fundamental under the Due Process and Equal Protection Clause of the Fourteenth Amendment. All bans on same-sex marriage were lifted, granting marriage equality. It’s crucial to note that with marriage equality comes divorce equality. LGBTQ partners are treated in the same manner as their heterosexual counterparts. However, there are still some obstacles that same-sex couples face when seeking a divorce. Please continue reading to learn the unique challenges of same-sex dissolution and how our talented Bristol County Divorce Lawyers can help you today.
What Are the Legal Considerations for Same-Sex Divorce?
It’s crucial to understand now that LGBTQ couples can get married and have their marriage recognized in all fifty states; they can also get divorced there, too. For the most part, LGBTQ partners face the same issues that their heterosexual counterparts face when they decide to end their marriage. This includes dividing marital property, child custody and visitation, child support, and alimony payments. However, same-sex couples do encounter unique obstacles.
When it comes to child custody and visitation rights, same-sex couples may have a difficult time determining parental rights. If one partner is not biologically related to the child and has not formally adopted them, they could face difficulties asserting their parental rights. Same-sex couples may even face certain biases that impact decisions around custody and visitation agreements.
Moreover, same-sex couples may face significant hurdles when determining property division. Before same-sex marriage was recognized in Massachusetts, many couples had been together for a long time, some more than twenty years. If these couples decided to get divorced, the court would have to determine what assets are marital property. With same-sex couples, it’s more challenging to split marital assets because they may have only been legally married for three years but cohabiting for twenty years. In most cases, the court will only consider assets accumulated during a legally recognized marriage. Ultimately, this means you may receive less than you’re entitled to.
As you can see, while divorce is a challenging process for any couple, same-sex couples face unique hurdles. Therefore, it’s in your best interest to contact a determined Bristol County divorce lawyer from The Law Offices of Cynthia L. Hanley, who can help you navigate your unique challenges and fight for fair divorce terms based on your circumstances. We are prepared to represent your interests and safeguard your rights today.
