LGBTQ Divorce

Posted by Chell in Divorce

As many LGBTQ couples finally won the right to marry in the landmark Supreme Court case Obergefell v. Hodges, these couples also won the right to divorce. In many ways, LGBTQ divorce is quite similar to divorce between heterosexual couples. However, there are a few differences and complications LGBTQ couples looking to divorce may encounter. 

Read more about them down below.

What’s the Same

Of course, there are several aspects of LGBTQ divorce proceedings that are the exact same as heterosexual divorces. Here are some of the common issues that may pop up during any divorce. 

 

• Child Custody: Figuring out who gains custody of the children born between a couple is one of the most contentious and emotional aspects of a divorce. Oftentimes this will be the aspect of the divorce proceedings that take the longest, as both parents have an emotional investment in the well-being of their children.

 

• Child Support: Related to child custody disputes, another big aspect of divorce proceedings is the determination of child support. The spouse who does not receive custody of the children will likely be ordered to pay child support to the custodial parent, at least until the children turn 18 years of age. 

• Alimony: Another aspect of divorce couples may see is alimony, which you may have heard referred to as spousal support. Alimony is the legal obligation one spouse may have to financially support the other spouse following the divorce. The conditions surrounding alimony can change if the financial circumstances of the spouse receiving the alimony change, however.

• Division of Property: Married couples often share property and assets and must figure out a way to split them up following a divorce. This can be difficult, especially when couples both own something and one must give something up. 

 

 

What’s Different

 

• The Dating: When a judge is determining how to reward alimony or divide up property or assets, they often look to see how long the marriage lasted. However, with LGBTQ couples, this becomes a bit unclear. Many LGBTQ+ couples have been together and shared property long before the 2015 Obergefell ruling. Do judges consider the relationship beginning in 2015 or when the couple first got together? In some areas, the courts will consider the years cohabiting and in others, they will consider the years legally married.

 

• Child Custody: Another thing complicating LGBT divorces are child custody battles. Sometimes if a child is adopted or biologically only related to one of the parents, only one of the parents will have legal rights over the child. The child without that legal standing can find it difficult to maintain a relationship with the child following the divorce. 

If you’re in an LGBTQ relationship and are anticipating a divorce in your future, you should reach out to a divorce attorney as soon as possible to learn about how your divorce may differ from heterosexual couples.