Same Sex Family Law is a controversial topic, and there are cultural, traditional, and religious implications for it. Regardless of a marriage’s sexual orientation, divorce laws are the same. However, same-sex divorces have some differences potential clients should understand.
Divorces Aren’t Available Everywhere
If a couple is legally married and resides in a state that prohibits same-sex marriage, they may not obtain a divorce in that state. For example, if a couple is married in California and moves to a state that disallows same-sex marriage, they will not be allowed to divorce until they move to another state that allows same-sex unions.
There May be a Residency Requirement for Divorce
Along with the first section, moving to an area allowing same-sex marriages may mean that the couple has to live there for a period before filing for divorce. In some areas, the residency requirement is six months. Clients should learn the rules in their new state before relocating in order to obtain a divorce.
Marriage and Medical Laws are Different
In some instances, separated couples live in states that forbid same-sex marriage. If one of the spouses was to become ill, the other spouse may be charged with making medical decisions for that person. This is because of the differences in medical and marriage laws.
Laws are Constantly Changing
Like other laws, same-sex marriage laws are evolving. If a couple legally marries but moves to another state that has only recently allowed the practice, it means that the couple is subjected to the new Same Sex Family Law just like other residents of the state.
LGBT Marriages are Multi-Status
Same-sex marriages often have more than one status. For example, some couples enter into registered partnerships. If, in the future, such a couple seeks a divorce, they will have to resolve the partnership issue at the same time the marriage is being dissolved.
Child Custody Laws are the Same
In same-sex divorces where child custody is involved, the parents are under the same rules as heterosexual couples. However, courts have a natural bias in situations where the parents are of the same gender. There are ways to resolve these differences with the help of The Law Offices of Elan Wurtzel where both sides receive joint custody.
