No divorce is easy. However, same-sex couples and others in the LGBTQ+ community can encounter unique difficulties. By having a better understanding of these challenges, you can feel more equipped to maneuver obstacles and setbacks as you embark on this process.
A closer look at the legal nuances
In California, all couples have the same legal rights when it comes to divorce. However, because same-sex marriage has only been legal in California for around 12 years, that can complicate the divorce process. Additionally, if you were married in another state before the U.S. legalized same sex marriage nationwide in 2015, that can also make matters more complex.
Here are a few ways this could potentially affect you:
Parental rights and child custody
Same-sex divorce can make child custody particularly tricky. If you and your partner are legal parents of your children, you may not encounter many issues. However, if only one of you is a legal parent, or if there are issues with recognizing parental rights from another state, you may be left in a legal grey area. In some cases, this could result in one parent losing custody of a child because they do not have any legal or biological ties to them.
Division of assets and debts
In California, community property laws typically govern the division of assets in a divorce. However, if you and your spouse were together long before California legally recognized same-sex marriages, determining which assets are and are not marital property could be difficult. This could escalate disputes between spouses who obtained property together before their marriage was legally recognized.
Remember to lean on your support system
Divorce is just as much of an emotional process as it is a legal one. Seeking support from friends, family, or LGBTQ+ support groups can provide you with hope, guidance and comfort as you navigate this difficult time.
If you and your spouse are looking to end your marriage and don’t want to engage in a lengthy or hostile divorce process, mediation, and collaborative divorce can offer a more civil and cost-effective alternative to traditional divorce litigation. That way, you can focus on the next chapter of your life.