Divorce can be a very difficult and emotional process especially if it was a marriage that was hard to obtain in the first place, such as same sex-marriage.  Previously a same-sex married couple could only get divorced in state that recognized same sex marriages, which were not many, and then they even might have had to meet a residency requirement if they got married in another state and moved to a different state.

However, things will be a lot easier with the recent ruling form the Supreme Court that same-sex marriage is legal in all 50 states. Before this, states that allowed same-sex marriage also allowed those couples to get divorced.  However those couples sometimes had to use forms that only referred to husbands and wives making it a bit difficult, it might take some time before the forms are updated. However, proactive and well managed divorce firms assisting people with same-sex marriage will already have the correct forms and procedures for same-sex divorce cases.  One of the most important things for couple that are planning on getting married is whether they need a pre-nuptial agreement because most states tend to view as property acquired by either partner while they’re together as marital property and eligible to be divided between the spouses during the divorce.  The difficult part here is what counts as marital property if the couple has been together for a while but only recently was able to get married.

It could be argued that since the law did not permit you to get married but were still together and acquiring property together, then that property should be recognized as marital property because at the time, if you could have gotten married you would have.  However, since this argument has not had a place or time to be used before, it is very unsure what its result would be now.  It is also important to remember that if the two of you jointly owned property prior to marriage, then that jointly owned property is without a doubt able to be divided between the spouses.  Also if you named your partner a beneficiary in your will or pension then you should change that as soon as possible because they still have a right to those assets even without being married.

In same-sex families where the parents are not married or legally partnered, there’s frequently one parent whose relationship with the children is legally at risk.  If you’re the second parent and you haven’t taken whatever legal steps your state allows to protect your relationship with your kids, you may find yourself in the painful situation of having little or no contact with children who are in every sense yours except legally.  At the very minimum, you and your soon to be ex-partner should sign a co-parenting agreement that declares in no uncertain terms that you are both parents and that sets out your agreements about how you will share the responsibilities of raising your children after you separate.