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Specific issues that could affect a same-sex divorce

On Behalf of | Jan 28, 2022 | Divorce

The process of ending a marriage is complex and difficult for any couple, regardless of gender, sexual orientation and other factors. However, same-sex couples in Arkansas may find that they face complicated issues that are unique to them, and they could find themselves navigating complex legal matters during their divorce proceedings. LGBTQ+ couples choosing to divorce may find it beneficial to do their research and prepare well before they begin this process.

Preparing for the potential of a complex divorce may be especially important for same-sex couples. Looking ahead may help avoid complications, prevent disputes and reduce the likelihood for costly court battles. Even though same-sex marriage is now legal throughout the United States, LGBTQ+ individuals and couples still face various unique challenges in specific types of family law matters.

Looking ahead in a same-sex divorce

The legal right to marry grants same-sex couples certain rights and privileges, as well as the right to divorce. Every situation is different, and the challenges one couple could face may not be the same as those faced by others. However, the following are common issues that often arise in LGBTQ+ divorces:

  • Many same-sex couples were together for a long time, perhaps even decades, before marrying. This could make the property division process difficult for couples with a lengthy premarital relationship.
  • Custody disputes can be complex for same-sex couples as it is possible for one spouse to be the biological parent while the other is not.
  • Heteronormative laws can make matters such as alimony, visitation rights and property division more complicated.

For same-sex couples navigating the challenges associated with a divorce, it is helpful to have an understanding of how these matters could affect them, and what they can do to avoid additional stress and costs during their divorce.

A strong post-divorce future

Any divorcing spouse wants to secure terms that allow him or her to have a strong and stable post-divorce future. For same-sex couples, navigating the challenges associated with ending their marriage can lead to emotionally charged disputes, but temporary feelings rarely lead to practical decisions. It is in the interests of each individual considering terms or pursuing a specific outcome to think about the long-term benefits and potential drawbacks in each divorce-related decision.

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