Marriage equality for same-sex partners is already a reality, but divorce equality is still lagging. Many homosexual couples went into a domestic partnership before legalizing same-sex marriage. The domestic partnership must also be dissolved to petition for divorce since the dissolution of one does not preclude the filing of the other. This may typically be done in a single legal action, but it must be done correctly and is frequently best carried out with the aid of an experienced Chicago LGBT divorce lawyer.
Time is an Issue
Figuring out when the marriage started is one of the hardest things to do. The length of the marriage will determine if spousal support is given and how the couple’s assets are split. If a same-sex couple lived together for 15 years, then got married and stayed married for five years before getting a divorce, it’s not clear if that union should be counted as 20 years or just five years.
The marriage date also gives a specific time frame for figuring out what belongs to each person and what doesn’t. If they lived together for a long time before getting married, there could be questions in court about how to divide any community property they acquired during their time together.
Child Custody
In a heterosexual marriage, the man is always thought to be the father of a child born during their time together. But in a relationship between two people of the same gender, the roles of father and mother are less clear. Unless parental rights were legally established while the couple was married, this could be a complicated and possibly messy debate, especially if both partners want full custody. This is a tricky part of divorces between people of the same gender and is best left to a Chicago LGBT divorce lawyer.
