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Same-sex divorces issues to consider in Oklahoma

Since the historic U.S. Supreme Court decision in June 2015, same-sex marriage has been legal in all 50 states. However, it is unclear how a divorce in a such a marriage may differ from a divorce involving a heterosexual couple. For instance, those who study the issue are unsure how child custody matters would be resolved as only one parent will be biologically related to the child.

One LGBTQ divorce attorney says that the answers may not come for some time. He points out that since same-sex couples have waited so long to get married, they may not want to get divorced in the near future. It should be noted that the divorce rate among heterosexual and same-sex couples is roughly the same throughout the nation.

Some believe that the courts will have to adjust custody laws related to sperm donors and adoptive parents as same-sex couples divorce in the future. In addition, there are still some federal rights that same-sex couples are currently not entitled to receive that heterosexual married couples do. This is because the ruling that made such marriages legal only requires states to provide equal rights at the state level.

Any couple that is going through a divorce may have several issues to consider such as whether either side gets alimony and how to divide property. Additionally, the couple may be able to come to their own child custody arrangement. However, a court will have the final say about any such arrangement if it is not in the best interests of the child. An attorney may be able to help a divorcing client negotiate a comprehensive settlement agreement covering the applicable legal issues that can then be submitted to the court for its approval.

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