In 2015, the honorable Supreme Court of the United States legalized same-sex marriage across the United States. Earlier, same-sex marriages were banned in some states but legal in others. But the legalization of same-sex marriage has led to the problem of divorce as well. Professional Divorce Lawyer Miami also deal in same-sex divorces. same-sex marriages divorce is very complicated because the courts and laws are not clear about and the courts have not seen many cases about same-sex marriages. Ambiguous laws don’t define all the necessary guidelines regarding marital property divide, spousal support, and child custody. So need for a good and wise Divorce Attorney Miami is a must in same-sex marriages divorces. Here are the points that act as complications in same-sex marriages divorce: –
1- Marital Property Divide
The judge has been given the authority to divide the marital properties and debts among the spouses. In the case of the same-sex couple, if the couple is living together before the same-sex marriage was legal, the marriage date may create a biased property divide. Miami Family Attorney defines Marital property as property the couple has acquired during the marriage, so the marital properties are divided equitably between the spouses. But what if a property is bought by one of the same-sex couple’s spouses before their marriage is legal. It may be regarded as non-marital property; hence judges may treat it as separate property, and then it would not fall under the sphere of marital property. However, property division is solely dependent on the judge and the court’s discretion. Still, it should also be noted that the wedding date in same-sex marriages plays a vital role in property division.
2- Child Custody
It is seen that some people use this divorce as a way of extortion in the name of child custody. It is one of the side effects of a drastic divorce and affects the child’s holistic development as well. Many same-sex couples decided to raise a family through surrogacy, In-Vitro fertilization, and other modern, sophisticated techniques, even before their marriage was legal. So the biological parent will be in extra gain in the child’s custody, but the court’s decision could be different depending upon the child’s mental condition after the divorce. Courts will examine whether a child’s development will be at stake if visitation or custody is not allowed to the other spouse. Child custody also depends solely upon the judge’s and court’s discretion because the courts have not experienced same-sex marriage custody cases in large numbers till now.
3- Spousal Support
After reviewing both spouses’ financial, mental, and physical conditions, the court may grant spousal support or Alimony. But in the case of same-sex marriages, if the wedding has been taken place before the marriage was illegal. Courts may decide at their sole discretion. Courts can also treat the years the couple had lived together before the marriage was legal as unmarried years. Generally, Courts grant alimony on married years. The longer the marriage higher the chances of alimony.
4- Settlement Agreements
These are the best ways to come up with in every divorce. So it is true for same-Sex divorces as well. The courts could appoint a mediator if both sides are ready for it, and they can sort out all the important things like Spousal Support, Child Custody, and property issues. Most of the issues are resolved by these agreements. Miami Family Law Attorney have a good chance to be appointed as the mediator.
So these are the complications and problems faced by same-sex couples and lawyers while dealing with same-sex marriage divorces. It is now the time for the Family Law Attorney Miami to take up this issue and help the same-sex couples in their healthy divorce to live freely and happily even after the divorce.
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