Although in theory, same-sex divorces are the same as any other type of divorce, the reality is that there may be unique issues that arise. Many of these unique issues are the result of the fact that same-sex couples were not allowed to marry until recently. This means that any children born outside of the marriage or assets acquired before the marriage may be treated differently than those in the marriage.
For help navigating any issues that arise, it may be wise to reach out to a divorce lawyer with experience handling same-sex divorces in Cook County. A skilled divorce lawyer can help you work through all of the relevant issues to reach an agreement that is fair to you.
Same-sex couples benefit the same way that traditional marriage couples would in terms of having a prenuptial agreement. However, there are a couple of issues that may come up that are unique to same-sex marriages, especially those regarding the custody of children born outside the marriage. A couple cannot have a prenuptial agreement that awards custody, but they could have a determination in writing that, although one party is the biological parent, the other party would still be considered the parent in a divorce.
For example, if a child is born during the marriage, it is presumed to be the child of the marriage. However, if a couple has a child before they get married they could enumerate that both spouses are the parents.
The postnuptial agreement benefits are also the same for same-sex couples. Depending on what is included in the agreement, it can make the divorce process much easier. For example, a postnuptial agreement could determine how assets are divided in a divorce. An attorney can further explain the benefits of an agreement in a same-sex divorce.
A same-sex couple may face complications with property settlement if they decide to divorce after living together for many years. This is partially because same-sex couples were not allowed to be married in the United States for many years. When this is the case, it can present issues in dividing assets as spouses are only entitled to assets that were acquired during the marriage.
Complications can also arise if a non-biological parent wants to share custody with biological parents. However, there are typically agreements written out that make it clear who is the parent. A person seeking a same-sex divorce may want to hire an attorney who has experience working with same-sex divorce issues and who can help navigate these complications that could arise.
Due to the fact that same-sex couples were not allowed to marry until recently, couples divorcing may face unique challenges on top of the typical difficulties in divorce. An experienced attorney can help you navigate through the same-sex divorce process in Cook County. With their help, you can work towards an agreement that works for your family. Call Reidy Law Office LLC today to learn more about how our attorneys can help you.