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Unique divorce considerations for same-sex couples

On Behalf of | Jul 10, 2018 | Divorce |

Since June of 2015, love has been the law of the land in all 50 states.

Now, more than 10.7 million LGBTQ adults in the U.S. are among the first generation truly able to decide whether or not they want to become same-sex parents. The resulting growth in the number of beautiful new families formed in loving households across the U.S. is truly inspirational.

Because same-sex couples can marry, it also means their allowed to petition for name changes, adopt children, estate plan, separate, divorce and undergo custody arrangements.

LGBTQ Divorce Representation

When LGBTQ couples decide to pursue divorce, it’s important that they work with an advocate who can navigate the ever-changing landscape. Depending on the length of the marriage, the relationship may be a civil union or a domestic partnership versus a federally recognized marriage. Parsing out the details can be a complex matter that is best left to the experts in family law.

Divorce Considerations

  • Alimony. In Ohio, same-sex couples are eligible for spousal support, also known as alimony. The purpose of alimony is to help level the financial playing field for couples once their finances are untangled. Alimony can either temporary or permanent and can be modified under certain circumstances. Alimony is often based on number of years legally married. For many same-sex couples, they have been together longer than they’ve been legally married.
  • Child custody. While we would like to think otherwise, child custody laws in Ohio do not always support same-sex couples. Finding an advocate who can help their clients decide upon, and legalize, a custody agreement is critically important.
  • Child support. The purpose of child support is to ensure that the child has all the items essential to their development. Depending on numerous factors, this can be challenging to navigate without professional assistance.

While love is officially the law of the land, it’s proving to take some time to update state laws. In the meantime, same-sex couples need to guard themselves while undergoing any legal matters. Pairing with an LGBTQ advocate who knows the law inside and out will allow you to better protect your family.