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Family Law Blog

Tips for Same Sex Marriages Ending in Divorce

Monday, August 10, 2020

Now that it is legal, same-sex couples can get married. While many same-sex couples rushed to get married because they finally could, others didn't feel the need to change the way that they have been living for several years. Many already felt married by that point, so they didn't. They have continued to live the way that they always have.

However, once married, same-sex couples can also get divorced. It can be messy and complicated. Here are some things to consider when getting a divorce.

Time Is Going to Be a Factor

The length of time that a couple is married can really affect a divorce. Unfortunately, many same-sex couples lived together for many years before being allowed to be legally married. Some judges will count the year that you were legally married, though some will count the time that you lived together to determine the rest of the divorce proceedings.

Dividing Property

When dividing up property and assets, the state starts at the property that you owned together since 2013. Even if you lived together for ten years at that point, they will only count the property and assets that you got from that point on.

Hire a Lawyer

Don't forget to hire a lawyer.You should never go through a divorce alone. You need an experienced lawyer on your side to make sure that you are protected and can find a divorce settlement that works for you.

Meditation

Consider using mediation. Since the courts have their own way of dealing with your property and assets, many same-sex couples go through mediation. It allows you to end the marriage on better terms and divide up your assets the way that you want to.

Conclusion

Getting divorced is never easy. If you are in a same-sex marriage, it can be even harder. Legally, you could have acted married for years before you ever did get married. This can really change your divorce proceedings. For this reason, many same-sex couples try to go through mediation and settle everything outside of the court system. If you can work together to come up with a settlement, it is going to be much better for everyone.

Contact us for all of your legal needs. We will be glad to help you get through this difficult time.