Same-Sex Couples and Divorce

by Mar 29, 2019

Since June of 2015, most adult Americans have been able to marry the mate of their choice. As many of those unions happily approach their 4th wedding anniversary, some of them did not make it. For those couples, all of the traditional avenues for divorce are available, but what route will really be the most beneficial?

When you consider that some of those couples had waited many years for the right to say I do, the rules and guidelines that cover and protect parties in a long-term Arizona marriage will not apply. So what protections do a same sex couple that has been living together for 20 years, married for four and jointly contributing to the welfare of the household and raising children have?

The Process

Their best protection is to choose a one of the divorce processes where the couple can be in control and make the decisions that they agree are best for their family moving forward. The two that fit this bill are more formally known as mediation or collaborative divorce. 

For couples that could legally marry 20 or 30 years ago and decided that the income of one spouse was enough to support the household and allow the other spouse the luxury of nurturing and raising their children, the courts recognize the value and equality of that decision. They have different considerations for that long-term marriage than for a couple married less than 10 years.

On the other end, a same sex couple that lived unmarried for the first 16 or 26 years of their similar 20 to 30-year union raising a family together, the court has no long-term considerations in place. But they may create a remedy together in the mediation process or in a collaborative divorce situation.

Legal Considerations

In either of these processes a same sex couple could look at the minimum of how a court would handle things for a couple married 30 years, or even better, take a comprehensive look at paths that would help both parties move towards the best outcome for each of them and their greater family.

At Smarter Divorce Solutions, we help you with creative solutions and sound financial decisions surrounding the dissolution of your marraige, because we know that in the end you will still be part of the same family. Happy Anniversary to those that made it, and a kinder, gentler and more affordable divorce to those that didn’t.

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