Baron Law LLC

Same Sex Divorce

Baron Law of Cleveland, Ohio offers the following information on Same Sex Divorce.  Here are some brief answers to issues that tend to arise.  For further information you should contact an attorney who is knowledgeable in same sex divorce situations that can answer these an other questions you may have.  Contact Baron Law LLC at 216-573-3723 to arrange an appointment to meet with a qualified attorney.

On June 26, 2015, the U.S. Supreme Court in Obergefell v. Hodges struck down Ohio’s statutory and constitutional bans on the issuance of marriage licenses to same-sex couples. This ruling meant that all 50 states must issue marriage licenses and fully recognize same-sex marriages in the same way traditional marriages are. Shortly after this ruling, same-sex marriages were performed in Ohio by local officials implementing the court ruling. Just like everything in life, however, not everything has been sunshine and roses. As with all marriage in America, with an almost 50% divorce rate, sex-same marriage has also suffered the same rates of martial separations, either via divorce or dissolution. Unlike traditional marriage, same-sex separations have their own unique issues to deal with during the separation process.

  1. Child Custody

 Apart from the issues and difficulties regarding children from a prior marriage or relationship, sex-same couples often resort to the use of surrogates or sperm donors in order to have children. This use of third parties by same-sex couples can give rise to potential custody, visitation, or child support litigation or conflict. Often times a lack of a biological/genetic link to a child is offered as an argument for denying custody or visitation. Though genetics are not the be all end all when determining who actually is a parent, courts like to use hard and concrete rules such as who was the donor and who has a blood relation to a child. Thus, in order to combat this possibility, experienced Ohio domestic attorneys use prearranged custody or parenting agreements which fills the roles of concrete evidence of parentage that domestic courts like so much. All same-sex couples should put their family dynamics on paper at least sometime in the lives. A child being separated from a parent they’ve known since birth can have profound consequences on their development and a little proactive paperwork can be a godsend.     

  1. Spousal Support

 Aside from base income and available resources, the length of marriage is often a crucial factor in determining the amount of support one spouse will get and the other spouse will give. Since same-sex marriage only recently was legally recognized, it may be difficult to convince a judge that a spousal support calculation should consider the time a couple spent together before they could legally marry. Further, which children are accountable to the marriage also influences how a domestic relations judge will allocate resources, see the aforementioned issues with courts recognizing children within the context of same-sex marriages. A well-versed Ohio divorce attorney is needed to make the proper arguments at the proper time. 

  • Division of Property

Common-law marriage was abolished in Ohio in 1991. As such, though a same-sex couples may have technically been together prior to June 2015, for the purposes of equitable division during divorce, there was no shared martial property. Thus, even if a couple was living together and holding themselves out to the community as a married couple for years, domestic courts often won’t take into account this period of time when calculating available resources or divisible property. An experienced Cleveland domestic attorney is needed to argue when property became martial property under Ohio law. Since same-sex couple have only been legally allowed to marry for only a few years, Ohio law isn’t completely settled. This can be beneficial to you, in that courts are more likely to see a situation your way, but this is only possible with the help of an attorney who knows the law and knows what to say and how to say it.

 

Disclaimer:

The information contained herein is general in nature, is provided for informational and educational purposes only, and should not be construed as legal or tax advice. The author nor Baron Law LLC cannot and does not guarantee that such information is accurate, complete, or timely. Laws of a particular state or laws that may be applicable in a given situation may impact the applicability, accuracy, or completeness of the preceding information. Further, federal and state laws and regulations are complex and subject to change. Changes in such laws often have material impact on estate planning and tax forecasts. As such, the author and Baron Law LLC make no warranties regarding the herein information or any results arising from its use. Furthermore, the author and Baron Law LLC disclaim any liability arising out of your use of, or any financial position taken in reliance on, such information. As always consult an attorney regarding your specific legal or tax situation.

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