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Are Same-Sex Divorce Proceedings Different?

Same-sex marriage rights are a victory for countless couples across the nation, as they have been since the year 2009. Because the legalization of same-sex marriage is less than 10 years old, many LGBTQ couples wonder whether their rights are the same across the board. Unfortunately, divorce does not discriminate--nearly 50% of marriages end in divorce.

In the event of a divorce, same-sex couples must undergo the same proceedings as those involving heterosexual couples--that is, they must follow the same rules according to the state of Iowa as far as filing, processing, and more. However, there are distinct complications which may arise in a same-sex marriage, such as those of child custody and property division. Unless both parties fully adopted the child they share, they may not have any claim over custody regarding that child.

Additionally, property division can become quite complicated, particularly if the couple lived together before marriage. In this case, only the assets acquired during the course of a marriage can be divided in the event of a divorce. Anything acquired prior to the legal marriage between both parties may be excluded from division, complicating the end of your relationship even further.

Contact Our Des Moines Divorce Attorney

If you are seeking a Des Moines divorce lawyer to advocate on your behalf, look no further than our legal team at The Law Offices of Mark. R. Hinshaw. We are committed to offering our clients the most personalized and complete solutions for even the worst of situations you may be facing. You won’t regret having us on your side to protect your best interests as much as we possibly can.

To schedule an initial consultation with a trusted representative of our firm, contact us at your earliest convenience by calling (515) 200-7571.

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