by Contributor

(Jun. 1, 2022) — Married LGBTQ+ couples may find that divorce is more complicated than straight marriages. Here are some things you should know when considering a divorce.

Legalizing same-sex marriage has been a massive victory for the LGBTQ+ community. Still, it has also opened up a new set of challenges, particularly regarding divorce. The LGBTQ+ divorce process can be complicated and confusing, especially if you’re unfamiliar with the law.

Because same-sex couples do not have the same legal protections as opposite-sex couples, there are a few things you need to know before you begin the divorce process. Here’s what you need to know about LGBTQ+ divorce in the United States.

1. There is no federal law governing same-sex divorce.

Unlike opposite-sex couples, governed by the federal Defense of Marriage Act (DOMA), there is no federal law regulating same-sex divorce. Each state has its own rules and procedures for handling queer divorces. This can make the process more complicated, so it’s essential to be familiar with the laws in your state before you begin.

Start by doing some research on your state’s divorce laws. You can also consult with a local LGBTQ+ divorce or family lawyer to better understand the process. You can also ask friends or family members who have gone through a same-sex divorce for advice.

2. You may need to establish legal paternity or maternity.

Some states require a husband and wife to be listed on the child’s birth certificate for the divorce to be granted. If you’re not listed on the child’s birth certificate, you may need to establish legal paternity or maternity before beginning the divorce process.

A legal paternity test can be used to establish paternity if you are the child’s biological father. If you’re not the biological father, you may need to adopt the child to be granted custody or visitation rights. You can also ask the court to recognize you as the child’s legal parent through “de facto parenthood.”

3. You may need to have your marriage recognized in your state.

Not all states recognize same-sex marriage, so you may need to have your marriage recognized in your state before you can divorce. You can do this by filing a petition with the court. The process for recognition can vary from state to state, but it generally requires you to provide proof that you’re married and meet the state’s residency requirements. Once your marriage is recognized, you can proceed with the divorce process.

4. You may need to get a divorce in the state where you were married.

Just as with opposite-sex couples, you may need to get a divorce in the state where you were married. This is because some states do not recognize same-sex marriages from other states. If you were married in a state where same-sex marriage is recognized, but you live in a state that does not, you may need to travel to the state where you were married to get a divorce.

Some states that do not recognize same-sex marriage are Alabama, Florida, Georgia, and Texas, among others. You can check with your local court to see if you need to get a divorce in the state where you were married.

5. The divorce process can be complicated and time-consuming.

Heterosexual couples often have an easier time getting divorced because they can rely on the federal DOMA law. However, same-sex couples do not have this protection, so the process can be more complicated. The divorce process can also be more time-consuming because you may need to establish legal paternity or maternity, have your marriage recognized in your state, or get a divorce in the state where you were married.

If you’re considering a same-sex divorce, it’s essential to prepare for a more complicated process. Be sure to do your research and consult with an expert lawyer to understand the process better.

6. You may need to use alternative dispute resolution methods.

Some states require all divorcing couples to attempt to resolve their differences through alternative dispute resolution (ADR) methods before going to court. This can include mediation, arbitration, or collaborative law. Aside from being less expensive and time-consuming, ADR can also be less stressful than going to court.

If you live in a state that requires ADR, you may need to use mediation or arbitration to settle your divorce. You can also ask your lawyer about using collaborative law, which is a less adversarial approach to divorce. Depending on your state, you may be able to use ADR even if it’s not required.

Divorce can be a complicated process for any couple, but it can be incredibly complex for same-sex couples. If you’re in a same-sex relationship and considering a divorce, it’s essential to prepare for a more complicated process. Always consult with an expert lawyer to better understand the process and what to expect. You can also check with your local court to see if your state has any special requirements for same-sex divorce.

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  1. “Contributor,” can you tell us your name? Anyway, if LGBTQ+ is such a righteous and legitimate way of life, then why is it that Barry and Michael aka Michelle won’t come out and share their experiences as part of it? I am reminded that in 2007, when Barry was campaigning for the Democrat Party presidential nominee, his staff (John Brennan included), minister (Rev Jeremiah Wright), and supporters urged him, Barry, to hide his “G” from the public. Coincidentally or not, Donald Young, the choir director of the their church and the reputed gay lover of Barry, was shot and killed assassination-style during the primaries. He wasn’t the only one either. The murders occurred in Chicago, and to this date fifteen years later are unsolved. Surprise, surprise! Do you suppose this was one of those “alternative dispute resolution methods?” In closing, forgive me for my seemingly intolerant views on this obviously woke matter (and many others). Just my 1st Amendment protected opinion. No personal harm intended.

    1. In addition to Donald Young’s murder still being unsolved, “Lt” Quarles Harris’s murder is also still unsolved.

      From the American Thinker:
      “Back in March 2008, the State Department launched an investigation of improper computer access to the passport records of Barack Hussein Obama, and days later those of Hillary Clinton and John McCain.

      The investigation centered on one employee: a contract worker for a company that was headed by John O. Brennan, a key Obama campaign adviser who later became assistant to the president and deputy national security adviser for Homeland Security and Counter terrorism.

      Then, a month later, on Apr. 19, 2008, the key witness, in this case, was murdered. Lieutenant (sic) Quarles Harris, Jr., 24, was shot in the head in his car, in front of Judah House Praise Baptist Church [in downtown Washington DC].

      It has been thought by many that John Brennan cleaned up Obama’s passport records and then accessed McCain’s and Hillary’s also to cover the crime. The only witness died in a hail of bullets.

      That brings us to Journalist Michael Hastings. At the time of his death in a suspicious car accident, he was in the process of investigating John Brennan.

      Do these two deaths tie together? No one knows for sure.”

      Were these still unsolved three deaths just coincidences or are they tied together? At this point maybe even the shadow doesn’t know for sure.

      1. There is a good chance John Brennan and Michael Hayden are in Ireland now where they both have relatives, and they both likely qualify for, “instant citizenship”……..Has anyone seen either one lately and it if was Brennan was he interviewed while in an office from an “undisclosed” location?

      2. There’s not even evidence of any coincidences; just three deaths.

        Hastings’ death was solved: massive blunt force trauma consistent with a high-speed crash. The police, the coroner, and Hastings’ family all believe it was an accident.