The extension of civil marriage, union, and domestic partnership rights to same-sex couples in various jurisdictions can raise legal issues upon dissolution of these unions that are not experienced by opposite-sex couples, especially if law of their residence or nationality does not have same-sex marriage or partnerships.
Couples in same-sex marriages can generally obtain a divorce only in jurisdictions that recognize same-sex marriages, with some exceptions. For example, same-sex couples attempting to divorce in Texas, which does not recognize the validity of same-sex marriages, have met with different results and two cases are pending before the Texas Supreme Court. The federal government’s denial of recognition to same-sex marriages prior to United States v. Windsor meant that prior to 2013, the assets transferred in a divorce settlement were treated as gifts. Same-sex couples in states that deny them access to divorce can end their legal relationship at greater cost by bringing a civil suit.
DivorceLink attorneys are knowledgeable and experienced in all areas of LGBT marital matters. Call one of our professionals today.