Same-Sex Divorce Now Legal in All 50 States Due to Supreme Court Ruling

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.


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Our team includes attorneys licensed to practice in multiple states including April D. Jones in California, Patrick G. Barkman in Texas, the Cherokee Nation, the Northern District of Texas, and the District of Colorado (United States Court of Appeals 10th and 5th Circuit).