A 2015 landmark civil right case, Obergefell v. Hodges, ruled that all 50 states — including 13 of which still banned same-sex marriages — would be required to allow gay and lesbian couples to marry within their own borders and acknowledge marriages that originated in other states. Since then, the elements of divorce that can be more straightforward with heterosexual marriages are generating complications for same-sex couples.
The greatest difficulty often relates to when the marriage began, which can dictate how assets are divided and whether a spouse receives alimony. Generally, when judges are determining how to award a lower-earning spouse a percentage of assets or alimony, the length of the marriage can play a pivotal role. The issue for many same-sex couples who are going through divorce proceedings is that they had been in the relationship much before the marriage took place — and some for quite a long time.
If a same-sex couple had lived together for numerous years before the 2015 decision and decides to divorce today, whether that union began after the legal start of the marriage or in the years prior is not legally clear. Even showing a joint bank account, lease, or other underlying proof may not be sufficient proof for the judge.
Similar complications emerge with matters of child custody. Whether a child was adopted or born to one of the parties, only one person in the relationship has legal parental rights even if both are raising the child. Therefore, when the couple decides to divorce, the non-legal parent’s lack of rights can prevent an ongoing relationship with the child.
From dividing assets to asserting parental rights, the process of divorce for same-sex marriages, as is today, comes with pressing issues and ambiguous proceedings. Contact an experienced matrimonial attorney to assist with your divorce. At Law Offices of Inna Vernikov PLLC, we handle complex matrimonial matters including child custody, child support, equitable distribution and spousal maintenance. Call us at today at (212) 729-3497 or learn more about how the Law Offices of Inna Vernikov can help you.
