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Find Same-Sex Divorce Lawyer

Find Same-Sex Divorce Lawyer

Same-Sex Divorce

Divorce is never a pleasant process, whether it is between two people of similar or disparate sexes. As with a heterosexual divorce, same-sex divorce is a financially and mentally draining process.

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Cantor Law Group

33 years in practice
Adoption, Alimony, Child Custody, Child Support, Contested Divorce
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Orsinger, Nelson, Downing and Anderson, LLP

10 years in practice
Adoption, Alimony, Child Custody, Divorce Law, Same-Sex Divorce
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Law Office of Scott Herlihy

27 years in practice
Alimony, At-Fault Divorce, Child Custody, Child Support, Divorce & Family Law
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Michael C. Craven

40 years in practice
Adoption, Child Custody, Child Support, Divorce & Family Law, Divorce Law
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Sunnen Law

17 years in practice
Bankruptcy, Child Custody, Child Support, Divorce & Family Law, Domestic Violence
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McClure Law Group

40 years in practice
Child Custody, Child Support, Divorce Law, Fathers Rights, Same-Sex Divorce
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Where Same-Sex Divorce Differs

In many ways, same-sex divorce mirrors its heterosexual counterpart. There are financial and time stressors in the form of court costs or mediation fees. However, two areas that can are uniquely challenging for same-sex divorces are asset division and child custody.

Asset Division

Due to the recency of the Obergefell v. Hodges decision, federal acknowledgment of same-sex marriage is relatively new. This means that for many same-sex couples who have been married, their actions do not match their legal status.

For example, a same-sex couple may have been living together, sharing financial accounts, or using assets as though they were marital properties. Even if they have been acting in such a way, they may not have the legal grounding to split these assets as marital assets. This can become a problem when the former spouses are deciding which assets need to be divided as individual assets versus marital assets.

Child Custody

Another challenge in same-sex divorce is the ability of same-sex parents to obtain custody of non-biological children. In general, the way that family law is laid out gives priority to the biological parent. While this may not be much of a point of contention in a heterosexual marriage where both parents are biologically related to the children, same-sex divorce can create a unique issue.

If both same-sex parents legally adopt a child, they will have equal rights to custody and or child support. However, if one parent contributed genetic material through the use of a surrogate parent, that may create an unequal power balance in the debate over what parent gets primary custody.

Fighting to Protect Your Interests

All divorce is stressful, whether same-sex or heterosexual. In order to protect your interests in a divorce you will need an experienced family law attorney. A family law attorney can advocate for your interests while utilizing their experience, legal expertise, and trial tactics to get you the best possible outcome for your case.

In order to achieve this best outcome, however, you will need an attorney who has the expertise and resources to take your case all the way. That’s why you should contact Attorney at Law. By partnering with AAL, you will be able to avoid slogging through the quagmire of unscrupulous lawyers looking to exploit your case.

At AAL we only partner with the best firms in your area, helping you find the best attorney for your case. Don’t wait, contact AAL today for a free no-obligation consultation and begin your journey to justice.


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Same-Sex Divorce Frequently Asked Questions

1. How does same-sex divorce work?

In general same-sex divorce works the same way as its heterosexual counterpart. There will still be a legal petition for the court to dissolve the union formally. There will be a division of property, assignment of alimony, and decisions made regarding children and child support if applicable. Most states do not have explicit laws differentiating between the divorce of heterosexual couples versus same-sex couples. 

2. Does same-sex divorce differ from heterosexual divorce?

While there are no major legal differences, there are some unique situations that arise from the nature of same-sex couples that heterosexual couples do not have to consider. In general, the main differences in a same-sex divorce occur in the domains of child custody and asset division.

The laws surrounding child custody are written to favor the biological parent where possible. While some same-sex couples will adopt and therefore both have an equal legal claim to custody, if one parent contributed biological material through the use of a surrogate, that may lead to difficulty in maintaining custody for the non-biological parent. Additionally, because same-sex marriage has only been nationally recognized for a few years, there are some complications with asset division. Same-sex couples who have been living as a married couple without the legal confirmation may have some assets that are treated as marital assets, but do not have that designation legally. This can lead to complications in asset division during the divorce. 

3. How long does same-sex divorce take?

As with heterosexual divorce, the length of a same-sex divorce can depend wildly depending on how contentious the divorce is. If both partners are amenable to the divorce and are willing to compromise on the issues of alimony, asset division, child custody, and child support, the divorce may be as short as a few months or as long as several years. Factors that can lengthen a divorce include time for legal motion resolution, time spent in mediation, or time to adjudicate issues in court.

4. How much does same-sex divorce cost?

Same-sex divorce can be inexpensive but, if there are issues in the divorce process, the cost can quickly escalate. In 2022 the average cost of divorce ranged between $15,000 and $20,000 with a median cost of $7,000. A large portion of the costs of divorce includes Family Law attorney fees, mediation costs, and administrative fees required by the court.

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