Same-sex marriage is a controversial topic. Almost 30 states in the U.S. allow same-sex couples to get married. Despite the complexity of these arrangements, divorce laws are the same as for heterosexual couples. However, there are certain differences to consider when hiring a Same Sex Divorce Attorney. Below are several things for clients to know about divorce in the LGBT community.
No Divorce in States Disallowing Same-Sex Marriage
If a couple is legally married and living in an area that doesn’t allow same-sex unions, they cannot obtain a divorce until they move to an area that permits same-sex couples to marry.
There are Residency Requirements to Consider
Moving to an area that allows same-sex marriage means that the couple must comply with the state’s residency requirements before filing for divorce. For example, in some areas, the residency requirement is six months. Couples should understand the area’s residency requirements before relocating.
Medical Law May Play a Role
If a couple gets married, separates later and lives in different states that disallow same-sex marriage, problems could arise later. If one spouse becomes ill, the other spouse may be the only person with the authority to make certain medical decisions. This is the case because medical laws and marriage laws are different and separate.
The Laws are Constantly Changing
The laws on same-sex marriage are evolving just like other laws. For example, if a client is legally married but has recently moved to a state that now allows same-sex unions, they must follow the same laws as all other state residents.
LGBT Marriages Have Multiple Statuses
A same-sex marriage may fall into more than one category. In some cases, a gay couple may enter into a registered domestic partnership. If the couple legally marries and divorce later, all issues must be resolved in the same process.
Child Custody Issues are Handled the Same as in Hetero Marriages
In gay marriages where child custody issues are at play, the laws are applied the same way as in heterosexual unions. However, courts lack experience and may have biases where same-sex couples are concerned. Thankfully, there are ways to resolve these issues and award joint custody with the help of a Same Sex Divorce Attorney from The Law Offices of Elan Wurtzel.
