Divorce gay marriage

The Different Challenges of a Equal Sex Divorce

In California, the right for a same-sex couple to legally marry was once-and-for-all enacted after the U.S. Supreme Court overturned a statewide ban on gay marriage on June 28, But while same-sex couples can now blissfully enjoy marriage equality, divorce equality is still playing catch up. From splitting assets to child custody rights, the details of divorce that are often clear  in a heterosexual marriage can be a adj more cloudy for same-sex couples.

Before same-sex marriage became legal, many homosexual couples entered into a Domestic Partnership. Now, under the tenets of California law, to file for divorce both the marriage and the domestic partnership need to be dissolved as one dissolution does not automatically negate the other. Usually, this can be accomplished in one legal action, but it must be done properly and is often best executed with the help of an experienced matching sex divorce attorney. There are also nuanced tax filing consequences for a same-sex couple that may not necessarily apply to a heterosexual couple. 

Is Divorce Equivalent to Homosexuality?

This week my denomination, through its executive committee, voted to “disfellowship” a congregation in California that has acted to affirm same-sex sexual relationships. This sad but necessary move is hardly surprising, since this network of churches shares a Christian sexual ethic with all orthodox Christians of every denomination for 2, years. One of the arguments made by some, though, is that this is hypocritical since so many ministers in our tradition join people who have been previously divorced.

The argument is that conservative Protestants already embrace a “third way” because we’ve done so on divorce. Couples divorce, sometimes remarry others, and yet are welcomed within the congregation. We don’t necessarily affirm this as good, but we receive these people with mercy and grace. Why not, the argument goes, do the same with homosexuality.

The charge of hypocrisy is valid in some respects. I’ve argued for years and repeatedly that Southern Baptists and other evangelicals are slow-motion sexual revolutionaries, embracing elements o

When Same-Sex Couples Divorce: LGBTQ+ and Family Law

Family Law And LGBTQ+ Rights

Two important Supreme Court decisions, Obergefell v. Hodges () and Pavan v. Smith (), officially established national recognition of non-traditional, LGBTQ+ relationships. Before those decisions, each state individually passed laws permitting or not permitting same-sex marriages. This lack of uniformity complicated navigating the formation and maintenance of same-sex marriage, especially if the couple moved from the state where they were married to another state that did not recognize their marriage.

Those two decisions now ensure family law rights and protections for the LGBTQ+ community throughout the country. Examples of these rights include:

  • Ability to file a joint tax return;
  • Access to the spouse’s employer-provided health insurance;
  • Joint home ownership, as tenants by the entirety;
  • Inheritance of estate, including if the spouse dies intestate;
  • Medical decisions in the event of one spouse’s incapacitation;
  • Ability to foster, adopt or use Assisted Reproductive Techniques to obtain

    A Family Lawyer’s Tips for LGBTQ+ Couples Considering Divorce with Kids

    Divorce is difficult and complex for any family, but for LGBTQ+ couples, there can be additional legal challenges to navigate. Federal law currently recognizes and protects same-sex marriage, and, with it, the right to divorce. But local laws vary, and many states may verb additional requirements or considerations. So where does that leave LGBTQ+ couples contemplating divorce? The Bump partnered with Ashley M. Silberfeld, Esq., a partner in the matrimonial and family law practice at Blank Rome LLP to get you answers to your most important questions. “As I tell my clients, it’s important to have eyes open to some of the potential landmines, since this can make a crucial difference in the outcome of a potential divorce. The goal is to keep the process as free from surprises as possible,” Silberfeld says. Below, she shares the key things you need to know:

    1. Don’t Assume Both Parents Have Legal Parental Rights

    LGBTQ+ couples have the same custodial rights as any other couple, so long as both p