Even if your same-sex marriage is a short lived one, or if there are no children, and if you have always kept things separately, then those rules regarding a standard divorce still apply. This means it is no simpler to get a divorce in a same-sex marriage than it is otherwise. There are still the same technical rules that apply, there are the same limitations, so it is every bit sophisticated as a standard divorce case. In this blog we will be going over same sex divorces and how the process goes.
Same Sex Divorce
Just like a straight couple’s divorce, a same-sex divorce is greatly simplified if there are no minor children involved. Issues like spousal support/alimony should be the same as if you were a straight couple. However, the issues of division of property, child custody, and child support have a few wrinkles when it comes to same-sex couples
How is the division of property different for same-sex couples?
Same-sex marriage has only been legalized relatively recently. If you are getting divorced now, it is likely that you lived with your spouse in an intimate partnership with your spouse for a long time before you got married. Normally when a married couple gets a divorce, the court will distinguish between property that is separately owned and that which is “marital” or shared. Typically, only property that was acquired after the couple got married is considered marital property and divided accordingly. This rule is not always fair for a gay couple who has been living together intimately for years waiting for the right to get married. If the two of you have shared a house together, but it is only in one spouse’s name, who should it belong to? It is important for your lawyer(s) to raise issues like this with the family court judge.
How do children effect a same-sex divorce?
A same-sex couple with a child potentially faces many pitfalls and issues that straight spouses do not. This difference is not due to any bigotry or discrimination but is an artifact of certain aspects of Michigan law . The major issue which causes these complications is the fact that same -sex couples often don’t have biological children. Even when they do, it is usually only related to one of the spouses. Such situations are only further complicated by the fact that there is a good chance that the child was either born (via surrogacy) or adopted before the couple was legally allowed to get married. When deciding custody, Michigan law puts a strong emphasis on married spouses and biological parents, which can sometimes disadvantage same-sex couples. If the two partners jointly adopted the child after the marriage, then there is no issue. They are both the legal parents of that child and child custody will follow the same procedure as any other married couple seeking a divorce. If your partner adopted the child before the marriage, and you want any sort of custody rights, it is highly recommended that you obtain a stepparent adoption for that child. Without such an adoption, you have no legal rights to that child unless you and your former spouse reach an agreement through mediation.
A same-sex couple with a child potentially faces many pitfalls and issues that straight spouses do not. This difference is not due to any bigotry or discrimination but is an artifact of certain aspects of Michigan law. The major issue which causes these complications is the fact that same -sex couples often don’t have biological children. Even when they do, it is usually only related to one of the spouses. Such situations are only further complicated by the fact that there is a good chance that the child was either born (via surrogacy) or adopted before the couple was legally allowed to get married. When deciding custody, Michigan law puts a strong emphasis on married spouses and biological parents, which can sometimes disadvantage same-sex couples.
If the two partners jointly adopted the child after the marriage, then there is no issue. They are both the legal parents of that child and child custody will follow the same procedure as any other married couple seeking a divorce. If your partner adopted the child before the marriage, and you want any sort of custody rights, it is highly recommended that you obtain a stepparent adoption for that child. Without such an adoption, you have no legal rights to that child unless you and your former spouse reach an agreement through mediation.
Conclusion
Same Sex Divorces will usually be the same as most standard divorces. The best thing you can do is speak to your attorney so everything goes the way you want it to go.
For more information on divorces in the State of Michigan watch the videos below and check out the Goldman and Associates YouTube channel for more videos on everything relating to law in Michigan. Make sure to give our attorneys a call if you have any questions about divorce in Michigan.
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