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Special issues in LGTBQ divorce

On Behalf of | Mar 17, 2021 | Divorce |

When you first get married, divorce is likely a topic that was never on your mind. However, as the years go by, things change. If you’ve found yourself getting ready to undergo a divorce in the state of Ohio as an LGTBQ spouse, life may seem very difficult. Since legislation is still fairly new regarding LGTBQ couples, a divorce isn’t always black and white.

Pre-2015 marriage

It wasn’t until 2015 that the U.S. Supreme Court granted same-sex marriage rights to all U.S. citizens. Those who got married after the Supreme Court’s decision are entitled to the same marriage laws that opposite-sex couples enjoy. However, same-sex couples who were married before the 2015 court ruling could find themselves in deep waters when it comes to divorce.

Ohio is considered an equitable distribution state when it comes to divorce. This means that all marital assets will be dispersed in a fashion that ensures both parties walk away from the divorce in good financial standing. The line gets blurred when you were married prior to the US court’s decision since the marriage will not be considered legal. All assets that were gained prior to a legal marriage may not fall into the marital property category. They may be treated as separately owned property and allotted to the individual that bought them.

Child custody battles

Child custody battles in same-sex divorces can be extremely difficult. In many cases, same-sex couples that adopted a child may have only listed one person as a legal parent of the child. When it comes to a divorce, the spouse that was not listed as a legal parent of the child could find themselves with no parental rights. This could mean no visitation, parental rights or custody of the child.

Dealing with a divorce is difficult, to say the least. When you’re dealing with an LGBTQ divorce, the law is not always up-to-date on major issues like child custody. You should prepare yourself for handling these issues in a way that will provide you with the best outcome possible.


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