2015 has been an interesting year, with the recent Supreme Court decision legalizing same-sex marriages. With this monumental step towards equality brings a new issue: same-sex divorce.
With any marriage, there is always an inherent risk of divorce. And every divorce, whether in a traditional marriage or a non-traditional marriage, has the propensity to be messy and complicated. Fortunately though, for a straight couple looking to end their marriage, divorces have been taking place for years and there is a level of consistency to the proceedings. There is an approved process in every single state for handling a divorce between a same-sex couple.
Same-sex divorces face even more issues than a traditional marriage/divorce because of the newness of the legality of same-sex marriage. Same-sex divorces have yet to play out in the court room, and there is no real established case law to guide attorneys and judges with the proceeding. This could lead to a divorce that is less than fair and equitable to one or both parties.
It is imperative that if a same-sex couple is looking to divorce, they seek out an attorney who is as familiar as possible with the proceedings. A divorce attorney is integral to ensure the process runs as smoothly as possible. However, some divorce attorneys may not be comfortable representing a gay client, since it is such a unique legal situation.
Since the same-sex marriage decision is still so new, the smart move to make is to find an attorney who specializes in divorce in non-traditional families. At this point, this is the closest a gay couple may get to a divorce attorney who specializes in gay divorces.
As more time passes and more gay couples make the decision to divorce, clear-cut rules will develop, thus simplifying the same-sex divorce process. But until then, a divorce attorney with experience in divorce in non-traditional families is the safest route to take.