Hire a Same-Sex Divorce Lawyer Today
If you are considering filing a same-sex divorce in your state, allow us to connect you with an experienced gay divorce lawyer. Simply click on the state on the left-side navigation that matches the state you were married in (or currently reside) and fill out the form on that page for a free and confidential phone consultation with an attorney in your state.
The Challenges of Gay Divorce in The United States
Although gay marriage is relatively new to the United States, divorce is a common reality for same sex couples just like it is with their straight counterparts. In the United States, half of all straight marriages end in divorce. Because gay marriage is so new to the US, no reliable statistics exist yet to compare the rate of divorce among gay couples. In the coming years, more data will assist with determining these figures.
While same sex divorce is recognized in 6 states and the District of Columbia, it is not yet recognized by the federal government due to the Defense of Marriage Act, passed by Congress in 1996. This presents a unique set of challenges to gay couples married that want to file for divorce. Each state’s laws are different, and many factors can affect the procedures needed to successfully file for divorce. That is why it is important to find an experienced attorney in your state who is knowledgeable of the gay marriage laws and can assist you in navigating through to a successful and smooth divorce.
Factors That Could Affect Your Gay Divorce
- Relocating: If a gay couple marries in one state and relocates to another state and then files for divorce, the couple may face legal challenges.
- Custody: Determining custody from a gay marriage can also be a challenge. Issues of one partner being the biological parent and the other the non-biological parent may also be a factor.
- Alimony: Since alimony is a federal tax deduction for the person paying it, it’s important to consider how this plays in a gay divorce. IRAs and 401Ks can be dissolved quickly for divorcing straight couples, but typically yield heavy penalties for divorcing same-sex couples.
- Length of the Marriage: Some states take the length of marriage as a key factor in distributing property during a divorce. If a gay couple has been in a committed relationship for many years, this presents a separate set of issues in determining the length of union.