Regardless of you marriage’s sexual orientation, provided that you’re currently living in a state where same-sex or gay LGBT marriage is legal, the same divorce laws apply to you. However, there are particular differences primarily in LGBT divorces that you need to know.
- If you were married and currently living in a state where LGBT divorce is not allowed, you can’t get a divorce there. For example, if you got married in New Mexico but then decided to move to Texas, where LGBT marriage isn’t allowed, you’ll have to move back to New Mexico or another state where LGBT marriage is legal.
- What if you got married, separated, and then currently live in different states where LGBT marriage is illegal? In the event that you become sick, your ex might be the only individual legally allowed to decide on your healthcare issues and vice versa, since medical and marriage laws differ.
- If you decide to move to a state that allows LGBT marriage so that you could get a divorce, you’d need to satisfy the state’s residency requirements prior to being allowed to file for divorce.
- As with heterosexual couples, you’ll not be allowed to remarry unless you get a divorce. Otherwise, you could be charged with bigamy.
- Know that majority of LGBT marriages usually have several statuses. For example, some same-sex couples prior to legally marrying were domestic partners first. In the event that the couple chooses to get a divorce in the future, issues like this must be dissolved as well.
- The child custody laws that apply to heterosexual divorces apply to LGBT divorce cases as well. However, most courts have biases and/or lack the necessary experience when two moms or two dads are involved, says LGBT divorce lawyers in Albuquerque.
- The laws that apply to LGBT marriage and divorce change constantly. To illustrate this point, let’s say that you’re legally married but decided to move to a state that has only recently made LGBT marriage legal. This means that as with all the state residents, you’d also be subjected to their newly passed LGBT laws.
As you can see from above, LGBT divorce cases come with specific challenges not commonly seen in heterosexual divorces. To that end, make certain to get help from a divorce lawyer who has ample experience with LGBT divorces to help you secure the most favorable outcome in your divorce case.