In 2013, the state of Maryland passed the Civil Marriage Protection Act granting same-sex couples the right to marry. With the ability to get married, also came the ability to get divorced. As is the case, LGBTQ & same-sex divorce is similar to straight divorce but has some differences.
Either way, going through a divorce can be a difficult task. Having a family law attorney present to act as a mediator can greatly benefit the process. An experienced attorney will help to reduce any potential risks and will be your legal advocate.
Common Issues In LGBTQ & Same Sex Divorce
While same-sex couples divorce at half the rate of opposite-sex couples, they are still evident. Since same-sex marriage has recently within the past 10 years been recognized, it holds unique issues with it.
These issues tend to differ from opposite-sex divorce and should be identified and addressed by the keen eye of a family law attorney. A professional attorney will go over the details of your case and work diligently to yield the best possible outcome.
Duration Of The Relationship
Since same-sex marriage is still in its infancy years of being legally recognized, it can be difficult for couples to prove when the relationship started. Did the relationship start when the couple initially started dating? Or was it started when they were legally married?
The duration of the relationship is key when going through a same-sex divorce. This will factor into what property is up for distribution and can affect spousal alimony.
Issues On Taxes
Many issues are still evident when it comes to same-sex marriage and divorce. Most of the tax issues arise from two primary areas:
- Property Transfers
- Alimony/Spousal Maintenance Taxation
The transfer or distribution of property in a same-sex divorce may be subject to federal income taxes, and same-sex divorced couples are not able to deduct alimony payments from their taxes. For now, these issues are still at hand. They have the potential to change if new laws or regulations are released.
Financial Information Access
When it comes to financial access, there are still some limitations during a same-sex divorce. Depending on the situation, same-sex partners are not able to access their significant other’s financial information or account. This can lead to issues during a divorce when trying to divide retirement plans or other relevant financial accounts.
This poses a unique challenge and can be addressed with the help of a knowledgeable family law attorney.
Residency Of State
In most divorce cases, states will have certain regulations regarding residency. One of both people must reside in the state for at least a month before having the ability to file for divorce. If two partners in a same-sex marriage were to pursue a divorce, they must follow these regulations.
This can cause issues if the partners never lived in the state where they were legally married, or the relationship has ended outside of that state.
Let Milstein Siegel Help Your Process
Divorce is a touchy subject and has the ability to completely overtake itself. Emotions are heightened and the potential for problems is high. The experienced team of family law attorneys at Milstein Siegel are here to ensure those problems are mitigated. Our team of compassionate attorneys works to mediate same-sex marriages and strives to get you the best possible outcome.
We understand that every same-sex divorce is unique, and we will consult you on the matters that fit your needs. Don’t go into this process blind, seek the assistance of a professional attorney.
Contact A Professional Maryland Family Law Attorney
Divorce is difficult. Add on the additional issues that same-sex divorce includes, and you’ve got yourself a difficult situation. When you have the attorneys of Milstein Siegel by your side, those problems don’t seem as big. Our team of family law attorneys is here to help you through your LGBTQ or same-sex divorce, and ensure you get fair representation.
If you’re ready to learn more or get started, contact us today. Reach out by phone at (410) 792-2300 or request a consultation online.
