Most people in North Carolina get married with the idea that they will live happily ever after with their spouse. Data demonstrates that many people end up divorcing despite their best efforts or original intentions. With same-sex couples now legally allowed to marry, it is likely that their divorce rates will be similar.
The age at divorce has changed over time, as demonstrated by a study of census data. In 1960 and 1980, a higher proportion of 20-somethings divorced as compared to 20-somethings in 2013. In 2013, 42 percent of couples at age 59 had divorced at least once or more while just 43 percent were still in their first marriages.
A person in a same-sex marriage who is thinking about divorce may have some unique concerns as compared to others who have married. Many same-sex couples have years of accumulated assets from living together over time before marriage. As marital property generally includes only what has been accumulated since the marriage, this may place a same-sex couple in an unfair position.
An individual in a same-sex couple who is considering divorce may want to meet with a family law attorney who practices in the area of same-sex divorce for some advice regarding their unique divorce issues. An attorney may be able to negotiate a favorable agreement with their client’s spouse and represent their client should the divorce go to trial. They may also be able to help untangle their client’s finances and help them plan for their future post-divorce.