Over the past 20 years, ever since same-sex couples have been allowed to marry in the United States, no adverse effects have ever been placed on marriage, divorce, or cohabitation among different-sex couples, according to the new study from RAND and UCLA.
When it comes to same-sex divorce, the qualities of custody and property settlement are considered fair and in the path of the children. It’s about factors that have an important role in custody, including emotional support and stability.
According to same-sex divorce attorney Michelanne Hrubic, same-sex couples could face a few challenges when it comes to dissolving a marriage or a domestic partnership, unlike opposite-sex couples.
Property settlement varies by state and can range from simple to complex. Knowing how these issues work will be important as the legal precedents are evolving.
Let’s look at how the courts handle custody and property division in same-sex divorce.
Understanding Custody Frameworks for Same-Sex Couples
Laws on same-gender parenting custody issues vary by state. They have different laws about parental rights and responsibilities. And in some cases, their interpretation of the law can also vary. These legal distinctions can impact custody orders. With all of these factors considered, you must thoroughly understand the laws applicable in your case.
Consider how these relationship dynamics within a family structure might affect the custody aspect since a significant number of courts are inclined to weigh in on the best interests of the child. For more information about family law and child custody, you can visit https://www.tsiglerlaw.com/.
Factors Influencing Custody Decisions
When same-sex couples get divorced, there are many things that affect who gets custody of the kids. The most important thing is what’s best for the child.
Courts look into the ability of each parent to provide love, emotional support, stability, and nurturing for the child. The child should also have a relationship with both parents, as judges regularly grant custody to the parent who provides a stronger bond.
The parents’ hours of care and contribution to the child’s education will be looked into and compared to each other. The court will assess any incident of domestic violence and substance abuse. The environment should be loving and supportive, where the child feels safe and valued.
Property Division Principles in Same-Sex Divorce
When property division is involved in complex divorce cases between same-sex couples, it is useful to be informed about the influence of various state laws on the possibilities of property distribution.
Each state has its specific regime for marital property, which will matter during asset partition. Normally, two frameworks exist: community property or equitable distribution.
Under the first category, states would consider the assets acquired during marriage as community property and would split them equally.
Equitable distribution scheme, on the other hand, attempts for a fair division of marital property, taking into account factors such as the contribution of each party or needs in the respective marriage.
Having a grasp of these broad principles can help you and your spouse attempt to reach a solution that best represents your life together. Working together and being open and communicative will ease this process and will give both of you a sense of respect and value afterward.
Legal Precedents Impacting Asset Distribution
Understanding property division principles sets the stage for recognition of how legal precedents can actually affect asset distribution in same-sex divorces. Courts consider prior rulings when coming up with decisions.
For instance, if a ruling validates the recognition of same-sex marriages, it will lend support to your claim for assets. There may also be precedents under partnership rights and joint asset categories that spell out what parties can expect in cases of divorce.
Knowing the importance of legal precedent would keep one up-to-date with every new case law development in same-sex divorce.
Resources for Dealing with Divorce as a Same-Sex Couple
Getting divorced by a same-sex partner can be mighty hard and stressful, but equipped with the right set of resources, smooth divorce proceedings and implementation of your wishes can be realized. LGBTQ+-friendly
The Human Rights Campaign, or perhaps local LGBTQ+ community centers, can provide more resources for you.
In forums or on other social media platforms, one will see people who have already gone through these situations. They will give you good advice that may be applicable in your context.
Allow yourself to be vulnerable in therapy or be supported by trusted friends who can allow you to express what you feel. Empowerment comes from knowing you belong. It can help lighten the road ahead and ensure you have a solid support system.
