How Is Property Divided in a Same-sex Couple Divorce?

When two people make the decision to get married, they need to be prepared for what can happen should they decide to divorce later down the line. There may be hope that the marriage will last, but in some cases, there is just no reconciling and couples have to move forward with filing for divorce. Despite what some people may think when it comes to divorce legal matters, same-sex couples and opposite-sex couples deal with similar issues.

There are a few issues that couples will inevitably have to deal with depending on their circumstances. If they have children, they have to discuss child custody and support. If one is the higher wage earner, they may discuss alimony. And, if a property was acquired during the marriage, they will likely discuss property division.

If same-sex couples have a property that was acquired during the marriage, how it is divided depends on the couple and state laws. Property division laws vary from state to state, so there is just as much a chance of a property being divided evenly as there is of it being divided unevenly by a judge. However, couples do have the option of deciding how they want to divide property without it escalating and turning into a heated dispute that drags on for months.

Same-sex couples looking to divorce should contact an attorney. Just as opposite-sex couples, there are a number of legal issues that may arise during the divorce process and you may not want to handle them alone. An attorney may be able to help you with the divorce process and keep things on track so you can get disputes resolved and finally move on from your marriage.

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