The Issues with Same-Sex Divorce

 Posted on November 03,2012 in Divorce

On the heels of the upcoming elections, there is talk in political circles that gay marriage might become legal in more states.  In 2004, Massachusetts was the first state to formally recognize the rights of those seeking same-sex marriages.  Since then, Connecticut, New Hampshire, Vermont, Iowa, the District of Columbia, and New York have legalized gay marriage.  More states are expected to join in the legalization after this election, including Washington and Maryland.  Especially since the Democratic Party supports gay marriage rights for the first time.  But what happens when these same- sex couples want to divorce? The issues presented in same-sex divorce are a little different than between heterosexual couples.  There is no residency requirement in states that allow same-sex marriages.  This allows a couple to be married in the state of Massachusetts without currently living there, for example.  Most couples get married in these states and then go home where their union is not recognized at the state level.  Yet, most states have a residency requirement of anywhere between 6 months and two years in order to file for divorce. While many states allow same-sex marriages, it is still difficult for same sex couples to divorce in those states.  For divorces, the guidelines for dividing property are based in large part on the length of the marriage.  For same-sex couples who were not able to marry until recently, it is very hard how to determine how many years “count” in the marriage.  Another major problem with gay divorce is that it is not recognized by the federal government.  This can lead to issues with dividing retirement packages as well as problems with the IRS. Civil unions are an option for the LGBT community in Illinois, and they offer some of the same benefits as being married.  If you are need an answer to any type of legal question regarding civil unions or other family law issues, it is important to have the right legal advisor on your side.  You need a family law attorney who has the ability to negotiate amicably or litigate ruthlessly depending on the case.  Contact an experienced divorce attorney in Kane County who will be able to provide you with this type of support.