When it comes to divorce and child custody cases involving gay couples, there are many factors that can complicate the court’s ruling. Although it has been 3 years since the U.S. Supreme Court legalized same-sex marriages, couples who have decided to separate are running into various issues. Dividing assets and determining parental rights can create major complications in same-sex cases.
Because same-sex marriage hasn’t been legal for too long, courts have broad discretion when making decisions about relationships that were in place long before the Supreme Court’s landmark decision. One of the biggest issues same-sex couples run into when they get divorced is determining how to award spousal and child support if the couple was living together as domestic partners much longer than their legal marriage.
For a couple who was together 10 years before they were legally allowed to marry, the court will have to decide if their union began 3 years ago or over a decade ago. While some courts will acknowledge the prior years that the couple lived together, not every court will follow the same guidelines.
If you are the lower earing spouse and the judge doesn’t recognize the years you were together before same-sex marriage was legalized, then you can end up being left with an unfair spousal support order. Similar complications can occur in child custody cases involving same-sex couples. When a child was adopted or born to one of the parents, that parent will often have legal rights over the other parent, even if the parents raised the child together. Unfortunately, the nonlegal parent can be prevented from maintaining a relationship with the child if the court doesn’t recognize their parental rights.
Get Help with Your Same-Sex Divorce. Call O’Neil Wysocki Today
Are you in a same-sex marriage? Are you thinking of divorcing your spouse? If so, you should get in touch with our legal team to discuss the details of your case. At O’Neil Wysocki, our experienced family law attorneys are committed to helping clients throughout Texas with all of their legal matters. We can build a strong legal strategy that will protect your interests and allow you to pursue a fair case result. Let us get to work for you today.