Untying the Knot in a Same Sex Divorce
Same Sex Divorce
Fighting for the right to tie the knot has been a battle for many homosexual couples and one that is still being fought in many states. However, one of the unseen results while celebrating victories was the complications that could occur down the road. Like any couple planning to get married, no one starts out planning to get divorced. However, divorce is a reality in any marriage. The emotional turmoil of an ending marriage is the same regardless of the gender of the couple. However, the legal turmoil faced in a same sex divorce is maybe greater than that of a heterosexual couple in the same situation.
When any couple forms a union, it is normal to entwine your lives in every way possible, from sharing living space, to bank accounts, property, and more. Untangling those affairs can be tricky, even if there are no complications. Unfortunately, when it comes to the legal ins and outs of a same sex marriage, there are many more chances for complications. In Massachusetts same sex marriage is legal. However, most other states, it is still not. There are some additional states that allow for a civil union, which is legally different from a marriage. To complicate things more, it is legal to visit Massachusetts and get married and leave the state the same day. Divorce does not work the same. To divorce, you must establish residency. In Massachusetts, that requires living there for a year. For couples who came from out of state, that is a complication, especially if their state does not recognize same sex marriages.
While the changes that took place to the Defense of Marriage Act (DOMA) in 2013 has changed the way the Federal Government looks at same sex marriage, it is not yet known the full implications of the changes on a state level. It was a large step forward for same sex marriages, but it is yet to be seen how it will affect many situations, including divorce. Time will tell how much of an impact this change to DOMA will have on an individual state level. For now, it has had little impact on the states.
If you are in a same sex marriage and are considering divorce, it is recommended that you find a lawyer who can help you untangle the legal process to help you reach your goal. With the important issues hanging in the balance, such as possible child custody, estate planning, insurance, and other benefits to be settled, it is best to protect yourself with a law office that understands the intricacies that go along with same sex divorce. The Law Office of Robert W. Kovacs, Jr. you will get the understanding, care, and help that you need. Contact us for more information on how we can help you start the process of a same sex divorce. Don't feel tied to a relationship you want to end. Let us help you untie the knot.