It’s true that while gay marriage may be legal in some states, in many states the system and the attorneys are unsure of how to handle the problem of same-sex divorce. I’ve come upon a recent article regarding issues involved with same-sex divorce.
According to the article, many same-sex couples were together for years before they married under the law, but most courts will only divide assets starting the date of marriage. This is very difficult when many couples may have lived years or decades as if they were married and purchased properties together, shared accounts, raised children, made each other beneficiaries on insurance policies, and etc.
The article notes that while the cost of divorce varies by city and state, a traditional divorce costs considerably less that a same-sex divorce due to the complications regarding assets and the tracing problems that may exist. While cost is always an unknown factor, please do not let cost be prohibitive if you ultimately decide that marriage is no longer an option for you.
Also, many same-sex couples have often traveled some distance to make their unions official, and don’t live in the states where they got married. The article goes on to state that typically a divorce is granted to couples by the state where they live, but the states that do not recognize a gay marriage will usually not grant same-sex divorces. This means that many couples have to return to the state where they married just to get a divorce. This can be a financial strain as well as most states have residency requirements prior to filing their divorce petition.
Finding a lawyer familiar with the specialized practice of same-sex divorce can be expensive, so it helps to find someone who has knowledge of this particular area of the law.
If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.