Amidst the rainbow-colored flags in celebration and picket signs in protest
of the United States Supreme Court’s ruling that legalized same-sex
marriage in June 2015, it is easy for many to overlook the other impacts
the decision has created. Most notably, same-sex couples were simultaneously
granted the right to divorce from their spouses in all 50 states, not
just the ones that recognized their union. With this newfound right coming
into play, many same-sex married couples exhaled a shared sigh of relief,
having previously been trapped in a marriage they wanted to dissolve but
could not for no reason other than state boundaries. That, and finances.
Before the historic ruling, if a same-sex couple wanted to divorce but
lived in a state that did not allow same-sex marriage, they would have
to pack up and move to one that did. But it wouldn’t end that abruptly.
Depending on where they moved to, they would have to wait between six
months to two years before they could officially be divorced. The other
option would be to seek a legal separation, which could either not end
the marriage as they wanted it to, or end up costing them more in the
long run due to mediations and disagreements.
Divorcing Same-Sex Couples with Children
In recent years, it has not become all that rare for same-sex couples to
have a child together, either through adoption or medical procedures.
Now that same-sex spouses can seek divorce wherever they live, it will
certainly become more common to see same-sex divorces with couples that
share children together.
In the past, it was no secret that judges tended to hold a positive bias
towards women going through a divorce in regards to child custody rights
and alimony payments. How those laws play out now that not every marriage
will involve a woman or a gender-based “motherly role” is
uncertain, and lawmakers may have to bring them back under review to ensure
everyone is treated equally under the law.
If you live in Colorado and are looking for trustworthy and highly-praised
legal counsel for a family law or divorce case, you can turn to the Jones
Laws Firm, PC. Denver Divorce Attorney April Jones has always been committed
to her clients and her community, and our firm has been the one to go
to since it was founded more than 20 years ago.
Contact us today to learn how we can offer you compassionate help at competitive pricing.