Divorce for Same Sex Couples
Same-sex couples who were married and are now seeking a divorce or dissolution of their marriage now have the same access to the Domestic Courts as different-sex couples. However, there may be some significant issues depending on the complexity of the relationship, the amount of assets and debts and whether or not children were born or adopted during the course of the marriage.
Working with a lawyer who closely follows legal developments is extremely important in this field. At The Law Firm of Doty and Obenour LLC, our attorneys are among the few in Worthington and the state of Ohio focusing on LGBT issues. For same-sex couples, who are separating we can explain current available options.
Prenuptial, Partnership and Separation Agreements
Now that marriage equality is the law of the land, many couples are eager to wed, however there is something to be said for prudence and preparation before entering into a legally binding relationship. A prenuptial agreement lays out what property is separate, and therefore not divisible if the marriage ends, and controls the division of debts and assets acquired during the relationship. It can also address custody and support for any children.
Domestic partnership agreements generally are used to clarify legal rights and responsibilities when the parties are not legally married. These agreements can be made between different- or same-sex partners. They provide for how the parties will share ownership of certain property and what methods the parties will use to separate property and debt if they should decide to dissolve their partnership. They are often used in conjunction with related estate planning documents such as Health Care Powers of Attorney, Living Wills and Wills. Domestic partnership agreements can decrease uncertainty and potential future litigation by making decisions concerning important matters while the parties are on good terms and in an intact relationship.
Our attorneys can assist in negotiating a separation agreement prior to a divorce or dissolution case being filed. We can help same-sex couples deal with all aspects of the marriage relationship from property disputes (i.e., who keeps the cabin in Utah) to custody arrangements.