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After Supreme Court decision, same-sex divorce to be nationwide

| Jul 2, 2015 | Divorce

A major decision by the U.S. Supreme Court, issued on June 26, found that it is unconstitutional to deny the right of same-sex couples to get married. The ruling effectively legalized same-sex marriage throughout the country, and solidified the law in states, such as New York, where these unions had already been legalized.

Now that more people will soon be able to get married in all 50 states, it naturally follows that there probably will be an uptick in divorces as well. That is the prediction of one attorney interviewed in an article by WCBS-TV.

However, same-sex divorce may not be a major factor overnight. The attorney predicts that it will be 10 years before enough same-sex couples split up to have a significant effect on the divorce rate.

When same-sex couples divorce, they will have to deal with virtually the same issues faced for decades by different-sex couples. They will have to divide up their marital property, whether through a prenuptial agreement, negotiation, or by asking the judge to handle it. If the couple has children, child custody, visitation rights and child support will have to be arranged for. One spouse or the other might request alimony, if they are unable to financially support themselves, at least for awhile following the divorce.

No matter the gender of the respective spouses, without a knowledgeable divorce attorney they are unlikely to obtain a fair share of the marital property or defend their parental rights. The process can be emotional and difficult, but the right attorney can make divorce as smooth as possible.