Mediation is Best for Same Sex Divorce

Divorce is never an easy decision but once it has been made, you have to decide the type of divorce you want to have. Do you want a long battle in court, filled with tension and anger, or do you want to find the quickest and most peaceful path to divorce possible? Everyone’s situation is unique and there is no one-size-fits-all approach, including in the case of same-sex divorce mediation.

Legally, same sex couples do have the same rights as heterosexual couples but there can occasionally be unique obstacles, as CNBC points out, “The biggest sticking point often relates to when the marriage began, which can dictate how assets are divided and whether a spouse receives alimony (also known as spousal support). Generally, the longer any marriage has lasted, the more weight it carries when judges are determining how to award a lower-earning or no-earning spouse a percentage of assets and/or alimony. Yet if a same-sex couple had lived together for 18 years before being allowed to legally marry in 2015 and decides to divorce today, whether that union began two years or two decades ago is not legally clear…The same complications arise in child custody issues. Often, whether a child was adopted or born to one of the parties, only one person in the relationship has legal parental rights even if both are raising the child. And when the couple goes to divorce, that lack of rights can stand in the way of the nonlegal parent continuing a relationship with the child.”

If you are in a same-sex marriage and looking to divorce, it is likely that you will have many questions and a mediator will take the time to listen to them. During divorced mediation, everyone will have a chance to be heard, treated with respect, and be treated fairly. Your mediator will work with both spouses to minimize conflict while effectively and efficiently working towards a mutually agreeable solution.

What to know about same-sex divorce mediation?

Marriage equality laws give same-sex couples that right to separate from their partners. But, in some cases, the separation process can get complicated due to some factors. Even though the United States have legalized same-sex marriage in many states. This life-changing decision could benefit homosexual couples and protect them from any legal battles. The following are some facts that same-sex couples should keep in mind when filing for divorce.

Complications

Couples without multiple registrations or married after the equality law can easily file for legal separation as long as they meet residency requirement. It means that they should be the resident of the state that they are applying for divorce. Each states have different rules for homosexual divorce. These regulations could also affect the proceedings. Most states require the couple to live in the applied state for more than six months. Before filing for divorce, make sure to understand the specific laws. It could save individuals from complications and frustrations.

Basics

Homosexual couples are allowed to get no-fault divorce under specific considerations. It means that they don’t have to tell juries why they want to terminate the marriage. No-fault divorces offer a fault-based processes. Couples can use reasons like adultery and abandonment to terminate their marriage and get divorce. During these processes, judges will follow the procedures as heterosexual divorce proceedings. They will divide property equally and decide issues of custody. The child support issues are also resolved during this process. Judges will focus on the best interests of children when deciding child support details. They also resolve spousal support during this proceeding.

Property division

In every same-sex divorce mediation, judges will divide the marital properties and debts between the couples. They understand the legal date of the marriage to avoid any unfair property settlement. For couples who are sharing properties even before their matrimony, need negotiations to settle disputes that are affecting the divorce. In situations where they brought the property before marriage, mediations allow them to decide immunity from property divisions. Some mediators also recognize discriminatory laws to split the value equally. The property division proceedings are also affected by state-specific factors.

Settlement

Mediations also allow same-sex couples to deal with divorce disputes. They can decide the entire process outside of court in an amicable manner. It is a voluntary process that allow them to discuss problems related to property division, custody, and other support issues. It is a least expensive method to keep control of settlement agreements.

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