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Family Law Blog

Unique Issues With Same Sex Divorce

Monday, November 30, 2020

In terms of process, divorce is the same no matter whether you are a heterosexual couple or a same sex one. However, same sex couples do have two unique circumstances in divorce that they may face compared to heterosexual divorces. By knowing these potential issues, you can make sure you are prepared for them if they may be something you face in a same sex divorce.

Previous Domestic Partnership and Property Division

If you entered into a marriage when it became legal after years of domestic partnership, you may face some new difficulties when it comes to property division. While you did have a legal partnership prior to marriage, it may make property division work a little differently.

Property division and the establishment of shared property are strongly dependent on the date of the marriage. As such, it may be difficult for the courts to establish what is individual property and what is shared marital property if you were in a domestic partnership prior.

Typically, if you had a domestic partnership prior to marriage, you will want to work out as much property division outside of the courtroom as possible to avoid unanticipated splits.

Child Custody

The child custody between same sex couples can be particularly difficult. As a rule, the law will always side with the biological parent over those unrelated to the child. You can imagine the issues this causes with same sex child custody cases. However, if the non-biological parent is listed on the birth certificate or has formally adopted the child, they will have more standing. However, the biological parent will always have more.

Due to these unique issues, it is always more beneficial for same sex couple to work out child and property division outside of the courtroom. The courts tend to take awhile to catch up with new legal precedents sometimes, and unfortunately, this is one of those times. If you are a same sex couple going through divorce and need help, contact us today. Let the professionals at the Law Office of Jamra & Jamra come to your aid.