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Problems specific to same-sex divorces

On Behalf of | Feb 16, 2021 | Divorce |

Divorce is never easy for couples in Ohio who decide to end their marriages. But some separations prove to be much more complicated than others. This fact can become especially relevant for individuals dissolving same-sex marriages.

Same sex divorce: A brief history

In 2015, the United States Supreme Court first recognized same-sex couples’ right to marry legally. A few years later, many same-sex couples benefitting from this landmark decision decided that married life was no longer for them. Unfortunately for some of these couples, they would find that getting married was a lot less complicated than the divorce process.

Length of the relationship

One complication for same-sex couples who are divorcing is determining when their unions began. Many same-sex relationships began long before a couple enjoyed the legal right to marry. The length of the marriage plays a large role in determining factors like the division of assets, potential spousal support and retirement benefits. Family courts exercise discretion in this matter. Some judges will backdate the initiation of marriage to include some, or all, of the time a couple spent together before the Supreme Court decided to provide an avenue to make these marriages legal.

Child custody

Custody issues represent another area of complications for same-sex couples who are divorcing. The norm for these couples is that one marital partner is the legal parent of the child. This situation often becomes a problem when the non-legal parent wishes to continue a relationship with the child after a divorce. The non-legal parent may petition the court for shared custody.

The end of a marriage will take a toll on everyone who endures the process. Individuals considering getting divorced may benefit from a conversation with an attorney.


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