Aside from the constant conflict surrounding gay rights in society, personal issues such as divorce proceedings for same-sex marriages are also a sensitive matter – like a bubble that can pop at any moment.
For this reason, juvenile attorney specialists from Albuquerque share some insights on the legalities of divorce in the LGBT community. Hopefully, this will clarify questions that people most frequently ask and also educate people regarding the subject, especially when the situation involves minors in the family.
Location and Availability
Since not all states allow same-sex marriages, divorce and other related proceedings will not be available everywhere, even if the couple is in possession of a marriage certificate. For example, if you were married in New Mexico, which approves of gay marriages, and later on chose to relocate to Texas (which prohibits the act), you will not be given the right to proceed with any legal divorce actions. You will need to either go back to New Mexico or move to the other 36 states that allow same-sex unions to file and process a divorce. Keep in mind, as well, that both you and your partner should comply with the residency requirements of the state before you can file for anything; on average you will need to have a residency of 6 months.
Even for same-sex couples, remarrying while still officially registered as married will result in bigamy or polygamy suits. Same as traditional marriages, you need to divorce first to become an eligible bachelor or bachelorette, once more. In addition, if same-sex partners decided to live in separate states, one that allows same sex and one that does not, the latter will have to make all decisions and shoulder all the expenses despite being married. Marriage laws and medical laws still vary greatly for same-sex partners.
On Statuses and Custodies
LGBT marriages often have prerequisite statuses such as domestic partnerships, which the couple must first disavow first before filing for divorce. In the case of the couple adopting a child, the court still follows the legal custody proceedings, but tends to grant joint custodies.
Note that like any laws, the same sex marriage ruling changes over time. For this reason, keeping in touch with a specialist in LGBT laws will give a clearer picture of the matter at hand. This is especially important when families and minors are involved, in order to avoid bitter custody battles.