Divorce can be more complex for gay couples

While most married couples in Wisconsin or elsewhere do not assume that their marriages will end in divorce, same-sex married couples are finding that there may be obstacles in obtaining one. As a result, same-sex couples currently divorce only half as often as do heterosexual couples, but that may change as such marriages become more common and as legal barriers get resolved.

Perhaps the biggest pitfall to same-sex divorce occurs when couples are legally married but now reside in a state that does not recognize those marriages. Courts in those states will not grant a divorce for a marriage that under their laws never occurred. One solution would be to try to establish residency in a recognition state in order to qualify for a divorce, but this can be costly and time-consuming. A prenuptial agreement will not legally terminate a marriage, but it can provide for a division of property and help couples move on with their financial lives if they decided to split up.

Another issue can arise when a couple cannot agree to a custody arrangement. When a non-biological parent wants to share custody with a biological parent, problems can arise in the event of a disagreement. The best way to avoid such an issue in the future is for the non-biological parent to legally adopt the child at the time of birth. Even states that do not allow same-sex divorce will be required to recognize the adoption.

Same-sex couples who have questions or concerns about their marital or parental rights may wish to speak with an attorney who has experience in family law. The attorney may be able to give them advice and counsel concerning such matters as divorce and child custody.

Source: CNBC, “Gay couples find divorcing has traps“, Judith Messina, October 16, 2013