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How Lawyers can assist Separation of a Same-Sex Couple?

How Lawyers can assist Separation of a Same-Sex Couple? It has taken a while for the society to accept same-sex marriages, and wrapping their minds around same-sex divorce is going to take an even longer time. Many places in the world regard same-sex marriage to be illegal, but where it is legal, it comes with its share of baggage. Like any relation, same-sex marriages come with the burden of commitment, responsibility, fidelity and equal rights for each partner. And since there is no clear cut division between a ‘man’s’ role and a ‘woman’s’ role, it is more difficult to attain a balance in the separation of a same-sex couple. Several questions arise – how to divide property? Who pays the alimony? Who do the children go to? Do questions of impotency arise? Apart from the emotional trauma, there arise many complex legal situations that need serious consideration.

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The most significant issue with same-sex divorces is the acceptability of the marriage situation in different states. Not all states accept this union as legal, so if a same-sex couple gets married in one state and moves to another, it is difficult to manage the situation. Also, gay and lesbian couples have very different issues in the marriage and very distinct dynamics I their marriages.

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How Lawyers can assist Separation of a Same-Sex Couple?

There is an uncanny heterosexual privilege given to couples, which is not allowed for samesex couples. This is a rather socially debased attitude, which further leads to complications when it comes to taking legal actions in such marriages. Lawyers, therefore, have to be extra-sensitive and well-prepared to deal with both legal and societal restraints. Becoming sensitive to the case specific conditions in a same-sex separation is essential for a divorce attorney. Heterosexual marriage laws have existed for quite some time and need less reading up on, but same-sex marriage laws evolve regularly and are different in different states, hence need more thorough research. Thus, acquainting themselves with the case and the sensitivity of a same-sex union and separation becomes most important for a divorce attorney.

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Lawyers can then help their respective parties draw up a ‘Basic Will’ that safeguards their properties and assets and ensures that there is a reasonable distribution of assets to the other party. The property division should not be a ruthless taxing task; it should be done sensitively, keeping in mind the long and meaningful union between the partners. This also allows for the protection of any children or affected family members, so some property is allotted to them. In a collaborative law agreement, much the same for heterosexual couples, both parties and their attorneys agree that they will negotiate their own separation agreement without going to court until an agreement is completed and signed. This can be attained easily by a lawyer who wants to protect his client from suffering the endless rounds of courts. Collaboration gives the client more control than a litigated divorce. The process is safe and works in the Page 2 of 3


How Lawyers can assist Separation of a Same-Sex Couple?

interest of both parties and their extended families. It is a healthy process which does not lead to a distasteful separation. Lawyers help sensitize the divorce process and lead to an entirely legal separation allowing both parties to come out with strength and dignity and a reasonably equal share in the assets.

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How lawyers can assist separation of a same sex couple