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Same-Sex Couples & Divorce Archives

Giving children homes in same-sex families

Times are changing and with the changes comes an overall greater acceptance of relationships that are not so cookie-cutter. Even with the acceptance, there come new challenges, particularly getting older legislation to keep up with more relevant considerations. One such consideration in the age of same-sex marriages and divorces is same-sex adoption.

1 thing you must have as a same-sex parent

If you are in a same-sex marriage and have decided to have a baby with your partner, and your partner will be the biological parent, it is vital you not only legally adopt your child, but you also create a parenting plan with your partner. Some courts simply do not recognize same-sex second parents to have any relevance when determining things like custody and visitation rights, should you and your partner divorce. In some courts, you are actually treated like a complete stranger even if you could demonstrate you have played an integral part in your child's life to date. Other courts will recognize and allow for visitation rights, even if you have not legally adopted, labeling you a "de facto" parent.

Same-sex parenting comparisons

It seems the nation is coming around and getting tougher on discrimination and is now more accepting of diversity in all aspects of life, love and the general pursuit of happiness. Using statistics focused on LGBT couples and pulled from data more than a half-decade ago, we evidenced trends when comparing married versus nonmarried same-sex couples as well as trends comparing same-sex couples and different-sex couples. It will be interesting to find if anything has altered these trends or if the data continued on with strengthening numbers in all respective areas.

Is a same-sex divorce different from heterosexual divorce?

The ending of a relationship is an incredibly difficult, emotional time for anyone. Nobody enters into a marriage expecting it to end in divorce. When it does happen, many issues need to be addressed. Similar to heterosexual partnerships, partners in a same-sex relationship also have specific obligations when ending their relationship. There are some differences, however.

Healing shouldn't wait until after the divorce

Divorce is never easy, and for many men and women, facing divorce alone seems impossible. There are countless, heart-wrenching decisions that must be made immediately following a couple's decision to divorce. Important aspects like where to live, who gets the children and how to divide property usually forces divorcing spouses to put their healing on hold. Unfortunately, by doing so, divorcing spouses may find it even more difficult to successfully make it through the dissolution of their marriage.

Same-sex couples equal on all fronts

Although here in California it has been legal for same-sex couples to adopt children for quite some time, the recent lift in Mississippi's ban on adoption equality marks a new era for same-sex couples. As of April, it is legal for same-sex couples to adopt children in all 50 states. While this development marks, yet another victory in the fight for equality, it also may mark the start of an additional battle during divorce. Children indeed are a blessing, but in the event of divorce, they are an emotional aspect that can become quite complicated. 

Divorce takes center stage over same-sex marriage

It's hard to believe that it has been almost a year since the Supreme Court's ruling on same-sex marriage. And while support for and against same-sex marriage spread like wildfire in the months following the ruling, things have seemed to settle down. In fact, according to a new survey, Americans have grown quite comfortable with the idea of same-sex marriage and quite uncomfortable with the idea of divorce. 

VIDEO: Marriage vs. domestic partnership in California

Same-sex couples who create a union through marriage or domestic partnership need to know that the two types of legal relationships come with different rights.

What are the benefits of a domestic partnership?

Not every state allows domestic partnerships. In California, domestic partnerships are still common. While many people believe that domestic partnerships are only for same-sex couples, they are options for both same and opposite sex unions. A domestic partnership is similar to marriage but not exactly the same. Its similarities can be seen through the benefits it provides to couples.

Filing for same-sex divorce as a nonresident

For many same-sex couples, their uphill battle for equality hit a plateau in August 2015 when a federal court ruling made same-sex marriages legal in all 50 states. Prior to this ruling not only was marriage difficult, but divorce was equally difficult. Not only were same-sex couples restricted from getting divorced in states that did not recognize their marriage, but they were also held to residency requirements that heterosexual couples were not. Fortunately, the great state of California recognized the struggle and offered couples a way to get a divorce that did not require residency.

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Victoria S. Linder Law Office
5303 Folsom Boulevard
Sacramento, CA 95819

Phone: 916-905-4805
Fax: 916-498-0127
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