Divorces involving same-ex couples can be just as complicated as those involving heterosexual couples. There are many issues that come into play during the divorce process (i.e. division of assets, child custody, alimony, child support, etc.), however, some have proven to be a little more difficult when the couple experiencing them are of the same sex. One of the reasons why is because “the rules of same-sex divorce are still being written, says Certified Financial Divorce Analyst Nancy Hetrick [Source: Forbes].
What are some challenges I might face if I am looking to end my same-sex marriage?
If you live in Fort Lauderdale and are in a same-sex marriage but are looking to dissolve your marriage by filing for divorce, here are a few of the challenges Hetrick says you might encounter.
- Dissolving the marriage might be a two-step process. Hetrick says that before the Defense of Marriage Act (DOMA) was repealed in 2015 that allowed same-sex couples to marry, there were many same-sex couples that filed for a domestic partnership. Although some domestic partnerships were automatically converted to marriage, yours may not have been which means “you might need to undertake a secondary process, in addition to the divorce, to dissolve the partnership.”
- You may find it difficult to collect the amount of alimony you are due. When one spouse is seeking alimony from the other in a divorce, the courts generally use many factors to determine whether they are entitled to receive it and if so, how much. One of those factors is how long the couple has been married. Unfortunately, it wasn’t until a few years ago that same sex-couples were able to legally get married. That means if a couple spent the last 10 years together but couldn’t tie the knot, the court will likely only consider the time the couple was actually married, not the time they were prohibited from doing so.
- It may be difficult for the court to determine who gets what which could potentially result in you not receiving the assets you are entitled to. According to Hetrick“our nation’s laws haven’t addressed the division of marital property for couples who were living together monogamously for a considerable amount of time and weren’t married only because they weren’t allowed to do so.” It is for this reason that you and your partner might consider exploring a different avenue to divide your assets rather than allow the courts to rule on the matter. If you don’t, you could wind up losing valuable assets to your soon-to-be-ex.
While it is clear that most divorces bring up some pretty touchy matters that must be addressed before a divorce can be granted, same-sex couples might run into some additional issues that other couples don’t necessarily have to deal with as there are laws and statutes already in place that apply to heterosexual marriages. So, to be sure your divorce runs as smoothly as possible with as few hurdles popping up, we do recommend you hire a divorce attorney in Fort Lauderdale, FL to assist with your case.
King Lindsey, P.A. is a divorce law firm located in Fort Lauderdale, FL that can help you file all the necessary paperwork to get the divorce process started and will stick by your side throughout the duration of the proceedings to ensure you obtain a fair and favorable outcome. There are many obstacles you might face during the divorce process, but you can be sure they will be easier to get through when you have King Lindsey, P.A. working on your side.
King Lindsey, P.A. is located at:
633 South Federal Highway, Suite 200 B
Fort Lauderdale, FL 33301