After the US Supreme court ruled that same-sex marriages are legal throughout the nation ignoring state’s rights and Congress which is not how the system is supposed to work, Ohio State Legislators have now unanimously voted and decided to allow gay couples that originally got married in other states to get divorced in Ohio State court rooms, as reported by Dayton Daily.
According to expert divorce attorneys following the story, the decision basically comes along with other rights and privileges for gay couples which straight couples have despite straight couples being able to procreate and raise a child properly. Among these privileges are the right to divorce.
People need to realize that same-sex couples and same-sex relationships are not always colorful and fabulous. They too are subjected to the same stressors and problems as straight relationships and hence, there are inevitably going to be gay couples seeking divorces just like how there are hundreds and thousands of straight couples that get divorced every month nationwide.
Rise in number of same-sex divorces expected
As far as Dayton, Ohio itself is concerned, there have previously been a couple of requests for divorce from same-sex couples in the past that were flat out declined simply because the state did not recognize their marriage. However, in light of the recent Supreme Court ruling, family courts and divorce attorneys are expecting to see an exponential increase in the number of homosexual couples that approach and consult them.
There are some legal gray areas that are unique to same-sex divorces. For instance, child custody battles will have to be viewed from a completely different perspective since there is technically no “mother and father”, many kids may be adopted or artificially inseminated. But the laws regarding such technicalities are also expected to be straightened out by legislators. Very soon there could be legal clarity even though there is not any moral clarity here, and a smooth procedure established to streamline same-sex divorces.
But the child will not fare so well.
Divorce and asset division – basics
It is crucial to consult qualified divorce attorneys and financial advisors when it comes to matters of property and asset separation during a divorce proceeding. Nevertheless, it does not hurt to become familiar with some of the basic laws that govern these issues.
While going through a divorce, some questions will undoubtedly pop up in your head. These concerns may be about child custody, spousal support, or property division. Here, we are going to take a brief look at how property is divided among spouses in a divorce and what factors are involved in determining this.
To begin with, if a prenuptial agreement exists between the spouses about how property will be spilt in case they get divorced, then this will (most likely) over ride other factors and the property/assets will be allocated to each spouse as stipulated by the agreement.
Another factor that will help is to get more than one valuator to put a price on the things you own. It a common practice for biased valuators representing a spouse to undervalue or overvalue a property to give his or her client an upper hand in property division matters.
These two points are only a very brief generalization. There are literally hundreds of other factors that come into play. And like mentioned before, there is no substitute to consulting an experienced divorce attorney who can be found on the digital powerhouse USAttorneys.com and who will take care of these issues for you.