The Offices of Keane Law, LLC
  • Home
  • About
  • Practice Areas
    • Child Custody
      • Allocation Of Parental Responsibilities
      • Child Relocation And Parental Move-Aways
      • Custody Evaluations Child And Family Investigators (CFIs): What You Should Know
      • Grandparents Rights
      • Guardianship
      • Interstate Child Custody And Support Issues / Uniform Child Custody Jurisdiction Enforcement Act
      • Modification And Enforcement Of Orders
      • Paternity
    • Child Support
    • Mediation ADR
    • Domestic Violence
      • Civil Protection Orders
      • Stalking And Domestic Violence
    • Marital Property Division
      • Complex Asset Division
      • Prenuptial And Postnuptial Agreements
      • Tax & Title Issues In Divorce
    • Spousal Support
    • Collaborative Law
    • Divorce Dissolution
      • Annulments And Declarations Of Invalidity
      • Colorado Divorce Process
      • Common-Law Marriage
      • Legal Separation
      • No-Fault Divorce
    • Nontraditional Families
      • Dissolution Agreements
      • Domestic Partnerships
  • Articles
  • Blog
  • Contact
Select Page

Same-sex couples deal with issues concerning divorce

On behalf of The Offices of Keane Law, LLC | Oct 11, 2013 | Same-Sex Partners

Same-sex couples in Colorado might be concerned to hear that while federal and some state laws have been advanced to provide them with rights to marriage, the issue of same-sex divorce is still unclear. Consequently, this is making it so that some same-sex couples are finding themselves trapped in marriages that they don’t want to be in anymore. Because state and federal laws differ on the topic of same-sex marriage, numerous complications arise when these couples attempt to get a divorce.

If a state doesn’t recognize a marriage, it often will not allow a divorce. However, that state will also not allow a new marriage, even to someone of the opposite gender. This is causing some divided couples to find that they can’t commit wholly to any new relationships. It could also leave their estranged spouses with significant control over certain decisions. For instance, if a spouse becomes terminally ill, the decision to prolong or end treatment goes to his or her legal spouse. This could pose a huge problem if spouses have a contentious relationship and no longer trust one another.

When some states legalized same-sex marriage, many couples rushed to them to obtain their marriages. Since then, those who have sought a divorce have found that many states that will allow them to divorce require one or both of the spouses to reside in that state from at least six months to a year.

When a couple chooses to separate, they face many contentious issues, such as property division, alimony, and sometimes child custody and child support. While this is difficult enough for heterosexual couples, same-sex couples don’t have a legal history to protect them, nor would both spouses be the biological parent of any children involved. A family law attorney could assist them in negotiating the terms of their settlements.

Source: The Daily Beast, “The Gay Divorce Trap: When Same-Sex Marriage Goes Wrong“, Lizzie Crocker, September 30, 2013

  • Facebook
  • Twitter
  • LinkedIn

Recent Posts

  • Understand how a civil union differs from a marriage
  • Three ways to protect your assets in high-net worth divorce
  • Think about the issues you face during a divorce
  • How should we handle the marital home during a divorce?

Archives

  • August 2017
  • July 2017
  • June 2017
  • May 2017
  • April 2017
  • March 2017
  • February 2017
  • January 2017
  • December 2016
  • November 2016
  • October 2016
  • September 2016
  • August 2016
  • July 2016
  • June 2016
  • May 2016
  • April 2016
  • March 2016
  • February 2016
  • January 2016
  • December 2015
  • November 2015
  • October 2015
  • September 2015
  • August 2015
  • July 2015
  • June 2015
  • May 2015
  • April 2015
  • March 2015
  • February 2015
  • January 2015
  • December 2014
  • November 2014
  • October 2014
  • September 2014
  • August 2014
  • July 2014
  • June 2014
  • May 2014
  • April 2014
  • March 2014
  • February 2014
  • January 2014
  • December 2013
  • November 2013
  • October 2013
  • September 2013
  • August 2013
  • July 2013
  • June 2013
  • May 2013
  • April 2013
  • March 2013
  • February 2013

RSS Feed

Subscribe To This Blog’s Feed

FindLaw Network

Our Contact

Information

The Offices of Keane Law, LLC

5350 Manhattan Circle
Suite 201
Boulder, CO 80303

Phone: 303-449-9960

Boulder Office Location Map

5350 Manhattan Circle  Boulder, CO 80303

Comprehensive

Family Law Services

The Experienced Representation You Deserve

© 2021 The Offices of Keane Law, LLC. All Rights Reserved.

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw, part of Thomson Reuters