Same-sex Issues in Family Law: Divorce in a New Era of Legal Decisions
Same-sex Issues in Family Law?
You have come to the right place for information on same-sex issues in family law.
Obergefell v. Hodges
Obergefell v. Hodges was the landmark case that forever changed the course of family law. After this decision was handed down by the Supreme Court of the United States, same-sex couples could now get married and enjoy all the privileges bestowed to married couples. A United States Supreme Court decision that was decided after Obergefell states that the “differential treatment of same-sex married couples infringes Obergefell’s commitment to provide same-sex couples ‘the constellation of benefits that the States have linked to marriage.” Thus, the Supreme Court has been attempting to reinforce their decision in Obergefell in similar cases.
Same-sex couples can get married
Because same-sex couples could now get married, several avenues opened in the world of family law—divorce of same-sex couples and adoption of children into same-sex family homes. This blog will address divorce of same-sex couples. Stay tuned to our blog for a future article on adoption of children into same-sex family homes.
Same-sex couples can get divorced
It seems easy enough, right? You no longer want to be married so, you get a divorce, BUT what is still a murky area in same-sex divorce and especially comes into play for division of the community estate in family law, is when did the marriage actually happen? Does it apply retroactively to when the couple first decided they wanted to be married, such as a common-law marriage, but by virtue of the law not allowing same-sex marriage, they couldn’t get married? OR does it apply to the actual date the couples were married after the Supreme Court decided in Obergefell v. Hodges that same-sex marriages were legal in the entire United States?
Let us just say that there is still no definite answer to this. However, usually when a decision comes down by the Supreme Court of the United States, their new decision, which overturns a previous decision, applies retroactively. However, there is still much active and ongoing litigation in this realm.
Our office has experience handling complex same-sex divorces in which sometimes the spouses have agreed that the date of marriage applies retroactively to the time they decided to be married before Obergefell v. Hodges was decided. However, by law the community estate is not established until the date on the marriage certificate, and it is entirely up to the couple to decide to set the date of the community estate prior to the date they were legally married; retroactive application is not legally required in a same-sex divorce.
Same-sex divorce | Still some unanswered questions
Same-sex divorce presents many issues, such as the retroactive application of the date of marriage, and these issues provide the opportunity to challenge the current state of same-sex family law. No issue will be left without an answer by the attorneys of Ramos Law Group, PLLC. The attorneys at Ramos Law Group, PLLC will fight for you and get you the answers that you are seeking.
If you have questions about same-sex marriage or divorce, please contact the attorneys at Ramos Law Group, PLLC. They will be happy to discuss your case with you and determine what the best course of action for your case is.