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Same-sex marriage is one matter, while divorce can be another

Divorce is an uncomfortable topic in most Californians' books. This notion hits especially close to home for couples unclear on state laws surrounding divorce altogether. For heterosexual couples, challenges in the divorce process usually see some level of clarity after mediation or court hearings. However, while same-sex couples can finally legally marry, aspects of divorce can send them into stressful gray areas.

One financial planner from Money Magazine highlighted potential concerns for same-sex couples who seek divorce. Before the country's legalization of same-sex marriage in 2015, countless LGBT couples faced complications involving property disputes, inheritance rights, adoption and other aspects of relationships. Despite the dissolving of many of those obstacles, many same-sex couples now face confusion when attempting to divorce. Financial matters such as estate planning and assets could become more difficult without an established timeline; the article warns of vague beneficiaries and assets that are not jointly tied. Although the country has made progressive steps in LGBT rights in recent years, Money notes that until states find a balance in the ways they handle same-sex marriage and divorce, couples looking to separate could experience challenges. 

Findlaw points out that, before 2015, same-sex divorce was not always a simple process. In fact, some states required that a couple must have met specific residency requirements before granting divorce altogether. Other complications arose when couples attempted to divorce in a state that did not recognize same-sex marriage to begin with. California is one state that has recognized these potential hurdles, and now allows non-resident same-sex couples to divorce if they married in the state but have since moved. Findlaw points out that, since Obergfell v. Hodges has fallen into place, however, states must recognize same-sex marriages from other parts of the country. 

 

 

 

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