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  • Writer's pictureStephen Williams

A Happy Pride Month but an Unhappy Marriage: Unique Issues in Divorce for Gay Couples

Updated: Jun 13

As Foxtrot celebrates Pride Month throughout the month of June, we'll deliver blog posts, videos, and content designed to inform and support our LGBTQIA+ clients and the entire LGBTQIA+ community. Today, we consider divorce for gay couples, which can involve some unique issues that may not arise in heterosexual divorces. Some of these issues include:

1. Legal recognition

While same-sex marriage is now legal throughout the United States, there are still some places where it is not recognized and may even be considered a crime.

2. Property division

In a divorce, property is typically divided based on the laws of the state or country where the couple lives. However, if a couple has lived in multiple places during their marriage, they may face challenges in determining which laws apply to their property division. This can be especially complicated if one spouse owns property in a country or state where same-sex marriage is not recognized.

3. Child custody

Same-sex couples may have children through various means, including adoption, surrogacy, or through a prior relationship. In a divorce, determining child custody and support can be more complicated than in heterosexual divorces, especially if one partner is not biologically related to the child.

4. Discrimination

While discrimination against same-sex couples is illegal in many places, it can still occur during a divorce. For example, one partner may face challenges in getting a fair settlement or custody arrangement if they live in a place where there is still significant prejudice against the LGBTQIA+ community.

5. Social stigma

While society has become more accepting of LGBTQIA+ couples, there can still be a stigma attached to divorce, especially if it is seen as a failure of the idea of same-sex marriage. This can cause emotional stress and may make it difficult for individuals to seek support during the divorce process.

If you would like to learn more about how you can stand up for yourself and be more effective in your Child Custody, Divorce, DHR, or Adoption case, will you CLICK HERE to schedule your initial consultation at one of our offices?

This article contains general information and should not be construed as legal advice for you and or your unique situation. ~SW, Foxtrot

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