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How Will Same-Sex Divorce Be Different Than Heterosexual Divorce?

By Jeffrey M. Salassa

same-sex couple enjoying sunset after meeting with Clinton Township same-sex divorce lawyers

With the legalization of same-sex marriage throughout the United States, many questions remain about how the landmark Supreme Court decision will affect same-sex couples that decide to seek a divorce. While many may assume that same-sex divorce will be identical to that of “traditional” couples, only time will tell what obstacles same-sex couples will face when seeking to end their marriages.

Generally speaking, same-sex divorce will mirror “traditional” divorce, as it relates to property division and spousal support. However, issues are likely to arise as it relates to child custody given that adoption laws will need to be modified to reflect the current classification of marriage.

Many attorneys feel that the determination of child custody will be the most difficult aspect of same-sex marriage. Of course, child custody is often the most difficult part of any divorce, but the issues that could arise in same-sex divorce are often different than “traditional’ divorce, as many people in same-sex relationships have children that are only biologically related to one of the parties, only adopted by one of the parties or were born via surrogate. The nuances of same-sex custody disputes are yet to be fully formulated and may remain ambiguous for some time.

As with any divorce, it is important to have the right legal representation on your side as you navigate the process. Without the counsel of a trusted and experienced attorney you remain exposed and vulnerable to the pit-falls of divorce. If you are considering divorce in Michigan, whether it is “traditional” or same-sex, you can rely on the experienced attorneys at the Law Offices of Iafrate & Salassa in Michigan. Please contact us today at (586) 263-1600, or click here to reach us online.


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