Numerous complications can arise during divorce proceedings. Every married couple has different issues to address at the end of a marriage. Factors including the duration of the marital relationship and the economic circumstances of the spouses determine what issues the spouses must address and what solutions are best.
Technically, same-sex couples are subject to the same basic statutes as any other divorcing couple. However, there are often unique issues that may complicate same-sex divorces.
Custody complications
When heterosexual couples have children together, there are clear legal and biological ties. Child custody matters can potentially be more difficult to address when same-sex couples divorce. Frequently, only one of the spouses has legal or biological connections to the children. Whether the couple adopted, hired a surrogate or used IVF procedures to grow their family, there could potentially be complications if only one spouse has a provable connection to the children.
Pet-related disputes
Many same-sex couples who do not have children may have grown their families by adopting pets. The cats, dogs and other companion animals living in their households can have major emotional significance for the spouses. They may struggle to agree on terms regarding the continued ownership of the pets that they share. Shared pet custody is an unlikely outcome for divorce litigation, which means that couples often have an emotional negotiation process ahead of them when they share companion animals.
Issues with property division
For heterosexual couples who have been together for decades, establishing what is marital and separate property is relatively straightforward. For same-sex couples, there can be complicating factors. The spouses may have acted as though they had married and may have held themselves out to the community as a married couple while sharing expenses despite being legally unable to marry. There can be gray area if the relationship began before the state recognized same sex marriage. Property division and financial support matters can therefore be relatively difficult to resolve.
Those preparing for same-sex divorce proceedings often need assistance from someone familiar with these unique complications, and that’s okay. Preparing carefully for a same-sex divorce can help people navigate a difficult and emotional process with dignity.