Divorces in Same Sex Marriages Are More Common Than You May Think
For many years same sex couples weren’t able to get married because the Defense of Marriage Act banned it. Same sex marriage wasn’t recognized as a legitimate form of marriage because the government said that marriage had to be between a woman and a man. Many people wonder “When was same sex marriage legalized,” because some people still think it’s only legal in certain states. In 2015, Obergefell v. Hodges determined that not recognizing same sex marriage was unconstitutional and ruled that all marriages should be recognized regardless of the sex of the people getting married.
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Same Sex Marriages Have the Same Rights as Any Other Couple
The same sex marriage law made it possible for same sex couples to enjoy the same legal rights as traditional couples. They can now claim each other on taxes, get mortgages together, they even have the same rights when it comes to divorce. It’s important for anyone who wants to get divorced to hire a professional divorce attorney, even same sex couples. Handling a divorce without legal representation could be risky.
Prenups Should be Considered with Same Sex Marriages
Before getting married, it’s a good idea to meet with an attorney to discuss a prenup. You want to be sure that you and your spouse are able to leave the marriage on amicable terms and not trying to take everything from one another is a great way to do that. An attorney can create a prenup that fits your specific situation so you can rest assured that everything is included in it that needs to be.
Divorces Are Prevalent in Same Sex Marriages, Too
Many people make the mistake of feeling guilty if their marriage didn’t work out because they are part of a same sex couple. Same sex marriage in the U.S. has just as many divorces as any other demographic because marriage is difficult, and some people rush in too soon. This happens regardless of a person’s no matter what their sexual preference is, or issues arise after marriage that simply cannot be fixed.
Marriage Counseling for Same Sex Marriages
When someone starts to notice that their marriage is going downhill, it’s a good idea to seek marriage counseling right away. Many issues that arise in marriage occur due to a lack of communication. Going to counseling helps a couple learn how to communicate with one another in a positive way. All marriage is very similar regardless if it is a same sex marriage or not and being able to get help when needed in a same sex marriage could be what saves the marriage.
Conclusion
If you are in a same sex marriage and know that it cannot be salvaged, even after making every attempt, divorce may be the right answer for you. It’s important to talk with an attorney about what your options are before letting your spouse know that you are ready for a divorce. This allows you to properly prepare in case things get ugly, and it allows you to narrow down your options so that you can make the best decision for your future. The divorce process for same sex marriages is the same as for any other marriage. Yes, it takes time, and yes can be painful, but being able to move on in life can make the entire process worthwhile.
References:
https://www.govtrack.us/congress/bills/104/hr3396/summary
https://www.wf-lawyers.com/divorce-statistics-and-facts/
https://www.law.cornell.edu/supremecourt/text/14-556