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Same-Sex Couples and Divorce Archives

Changes after legalizing same-sex marriage

Marriage is rarely easy, but the opportunity to marry who one wants regardless of gender is a basic American right that was finally acknowledged by the U.S. Supreme court in June 2015. Same-sex couples in Oklahoma and other states now get to experience the same positive and negative aspects of marriage as everyone else.

Same-sex divorce in Oklahoma

On the heels of same-sex marriages being made legal in Oklahoma and the rest of the country, some law firms have announced a new focus on same-sex divorce. Nonetheless, recent studies highlight the fact that same-sex divorce is not as frequent as that between heterosexual couples. To understand the rates of same-sex divorce, it is helpful to look at data from The Netherlands, which passed marriage equality in 2001.

Alabama defies U.S. Supreme Court same-sex marriage ruling

Despite the 2015 ruling by the U.S. Supreme Court legalizing same-sex marriage in Oklahoma and nationwide, on Jan. 6, the chief justice of Alabama's Supreme Court ordered the state's judges not to issue marriage licenses to gay and lesbian couples. He noted that the high court of Alabama upheld the state's same-sex marriage ban in March 2015 and claimed that decision should supersede the federal ruling until further notice.

The importance of prenuptial agreements for same-sex couples

The issue of marriage for same-sex couples has been hotly contested in Oklahoma, and the debate in many circles has continued following the U.S. Supreme Court's landmark decision in June 2015. Gay couples across the country who have been living together for years or even decades can now marry legally, but their years of cohabitation may not always be factored into the equation by family law judges making decisions about matters such as spousal support and property division.

Same-sex child custody considerations in Oklahoma

While the Supreme Court's June 2015 ruling legalized same-sex marriages across the country, the ruling still did not address the numerous issues that surround child custody battles involving same-sex former partners. Under the laws of many states, a non-biological partner who has acted in a parental role to the biological child of the other may have difficulty with getting child custody and visitation rights.

Transgender father denied custody and visitation rights

Though same-sex marriage is now legal in every state including Oklahoma, there is still a lot of legal confusion around same-sex child custody issues. In Maryland, a transgender man who was involved in a same-sex relationship before his transition has been denied the right to see his child after a divorce. Although the man was married to the child's biological mother, a trial court found that he is a 'legal stranger" to the child he raised for two years.

IRS to recognize same-sex marriages in any state for tax purposes

Same-sex couples in Oklahoma are often concerned about the way private and government agencies treat their relationships. Until the Supreme Court handed down the decision that requires all states to issue marriage licenses to both same and opposite sex couples, issues such as taxes, insurance and legal responsibility for partner were often determined by the state in which a couple lived.

Questions about same-sex benefits after Obergefell case

With the Supreme Court's landmark June 2015 ruling in the Obergefell case, same-sex couples in Oklahoma and throughout the country now enjoy the same rights to marry as do heterosexual couples. Questions still remain about same-sex spouses being able to access benefits through their spouse's medical insurance plans, however.

Glory Johnson's spousal support request rejected

Oklahoma basketball fans may have followed the relationship of WNBA players Glory Johnson and Brittney Griner who married on May 8. Griner filed to have the marriage annulled or dissolved on June 5, one day after Johnson announced that she was pregnant. Johnson then filed for temporary spousal support in the amount of $20,000 monthly.

Same-sex marriage legal considerations

As most Oklahoma residents know, same-sex marriage is now legal in all 50 states as well as the District of Columbia, as a result of the historic June 2015 Supreme Court decision. Couples once barred from marrying and enjoying the benefits of marriage are now able to share that privilege. However, with marriage comes the duty of making decisions of protecting one another after one spouse dies. In addition, marriage raises the possibility of divorce. Preparing for the future in all marriages involves the same considerations.