Divorce in gay marriage

Divorce rates of marriages with same-sex partners vary by nation. Between and , the average annual divorce rate for all homosexual marriages was almost 2% (the total rate of divorce over those five years was 11%) Also between and , lesbian divorce rates were nearly double of those of gay men. [12]. Lesbian Marriages are More Likely to End in Divorce.

A research study in the UK revealed that the likelihood of lesbian couples ending their marriages was higher in comparison to gay male marriages. Researchers said that out of the total number of divorce petitions filed by same-sex couples in , nearly 75 percent involved lesbian couples. Information for same-sex couples seeking to dissolve their relationship or obtain a divorce, including information about property division and child custody and visitation.

Currently, an estimated 5% to 6% of same-sex couples in the U.S. divorce—lower than the national average for heterosexual marriages. This is particularly noteworthy considering the unique social and legal challenges faced by LGBTQ+ couples. In this article, we’ll explore same-sex marriage divorce rates in the United States and shed light on some of the unique challenges faced by LGBTQ couples.

‍. In , the U. Supreme Court issued a historic decision legalizing same-sex marriage Obergefell v. Hodges , U. For many, this decision was life-changing and—from a legal perspective—meant that married couples could benefit from a spouse's health care plan, tax exemptions, and any other protections offered to heterosexual married couples. Along with the right to marry, same-sex couples now have the right to divorce in every state.

Unfortunately, divorce could be a complicated and frustrating process, especially if you were together before your marriage was legal. The basic rules and procedures for same-sex divorce are the same as for all divorces. For instance:. Check the specific rules on filing for divorce in your state to learn about the residency requirements and grounds that will apply in your case.

Unfortunately, when a marriages end badly, the same people who fought for marriage equality sometimes use discriminatory parentage laws against an ex.

10 facts about same-sex marriage

The laws in many states still use gendered language such as mother and father or husband and wife in their laws on establishing a parent-child relationship. In another Supreme Court ruling Pavan v. Smith , S. That means that adoption by married same-sex couples is now legal in all U. It may also mean that the wives of mothers who have a child during the marriage through assisted reproduction will be considered the child's other parent.

In what's known as the "paternity presumption," state laws have traditionally provided that a man who was married to the mother of a child born during the marriage is presumed to be the child's father. In the wake of Supreme Court decisions in Obergefell and Pavan , courts in several states have held that the presumption also applies to the wife of a mother who had a child during the marriage using assisted reproduction.

For example, a Texas appellate court shot down a woman's argument that she shouldn't have been ordered to pay support for the child that her ex-wife had conceived during the marriage using artificial insemination, because she wasn't biologically related to the child and wasn't the biological mother's husband.

Treto v. Treto , S. Other state courts have applied the same logic when birth mothers tried to deny custody rights to their ex-wives. See, for instance, McLaughlin v. Jones , P. In every divorce, gay or straight, a judge will divide a couple's marital property and debts between the spouses. Generally, any property or other assets that spouses earned or acquired during the marriage is marital property—although there are exceptions.

Learn more about the difference between marital and separate property. For same-sex couples who were living together and sharing their lives before marriage became legal, this rule could lead to an unfair property division. For example, what if your partner bought a camper with a tax refund before you were married because you didn't have the option? Under the normal rules in a divorce, the camper would be considered separate property belonging solely to your spouse.

In most states, judges have the authority to decide on any way of dividing a couple's property that's fair.

So some judges might recognize the unfairness of this situation and split the value of the camper between you and your spouse. But there's no guarantee that you'll walk away from the marriage with anything your spouse bought before you were legally married.