Despite Changes in Marriage Laws, Same-Sex Divorce Can Still Be Complicated
As same-sex marriage has become more accepted and as more states have made these unions legal in recent months, advocates have increasingly touted their victories. However, even though, same-sex marriages have become more commonplace, including in Indiana, that doesn’t mean same-sex divorce is on equal ground. In fact, before October of last year, same-sex couples who had been married outside of Indiana but wanted to get divorced in the state were simply out of luck. That’s because same-sex marriages weren’t yet legal or recognized in Indiana.
Same-Sex Marriages Now Recognized
Now that same-sex couples have the same legal rights to marry in Indiana as heterosexual couples, gay and lesbian couples also have the right to divorce as they please. However, that doesn’t mean that all is well when it comes to same-sex couples and divorce. That’s because there are several undetermined aspects of same-sex divorce that can cause some possible complications for same-sex couples that want to split up.
One of the many complications that same-sex couples experience when they split up is how child custody issues are handled. The main problem stems from the fact that both spouses do not conceive children in these marriages. In some cases, one of the spouses is the biological parent. In other situations couples adopt children, or they have a child or children via artificial insemination. Still, other situations involve one spouse who brings a child from a previous relationship, which the new spouse has also helped parent. These kinds of cases often lead to combativeness and confusion in determining parental rights.
Another source of complication in these matters comes form cohabitation agreements. These affect couples who have been living together under such an agreement but were never actually married. When these couples split up deciding how to divide their property could be very complicated because they were never actually legally married.
Assistance With These Complicated Matters
Obviously, going through one of these kinds of situations can be tough, especially since the laws and regulations involving same-sex marriage and divorce are so new. Therefore, if you need help wading through these difficult issues, or any other family law issue in the Fort Wayne area, then please contact The Bellinger Law Office today. Just click here to contact us online, or call us at 260-428-2214.