Same-Sex Divorces Might Trigger Child Custody Issues

Same-Sex Divorces Might Trigger Child Custody Issues

North Carolina residents now enjoy the right to same-sex marriage, but marriages sometimes dissolve. With same-sex divorce likely part of the legal landscape of the future, divorce courts might need to decide issues specific to same-sex relationships.

Some of the nuances that develop in same-sex divorces could be hard to predict, said a divorce attorney whose practice has already established a division focused on gay and lesbian divorces. In the opinion of a founding partner at another law firm, property division will likely be achieved in very similar ways to the divorce agreements made between heterosexual couples.

Other divorce attorneys, however, have predicted that child custody issues could lack legal precedents that apply to same-sex couples. In a gay or lesbian marriage, only one partner would be biologically related to the children. No biological relation to children could also exist. A celebrity divorce attorney said that most of the thorny custody battles would arise from adoption and sperm donor situations. She added that courts in different states might struggle for a time to establish criteria for resolving complex custody issues.

As same-sex partners have gotten married in increasing numbers, it has been noted their divorce rate is largely the same as that for heterosexual couples. A person entering into the new legal territory of same-sex divorce might find it advisable to consult with a family law attorney. Legal counsel can provide advice about the pertinent issues that are likely to arise. The attorney might also represent the person during the divorce process, including negotiating a comprehensive settlement agreement with the other party.


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