The difficulties that same-sex couples face in order to get married are well-known throughout the state of Ohio. But what about the difficulties that such couples face when trying to divorce? Ending a marriage can be just as hard as making it happen and because of the legal hurdles that one must face within this state when attempting a same-sex split, the process can be much more costly in both money and time. Think about the standard factors present in a divorce: property division, alimony, child custody and child support, along with the actual dissolution of the marriage. Now, add in the legal issues stacked against same-sex couples, and the expectations of a same-sex divorce should be understood.
Many gay couples who want to marry will go out of state to make it happen. It is when they return to Ohio that legal issues become a problem again. Ohio is a state that bans marriage between a woman and a woman or a man and a man. This means that getting recognition for a legal union between two same-sex individuals is tough. Due to this lack of recognition, a divorce may be hard to acquire. But just like heterosexual couples, homosexual couples may decide that a divorce is the best option for their future. Again like heterosexual couples, a same-sex divorce may entail the aforementioned factors, including child custody.
A same-sex custody matter can be extremely delicate. Dealing with this legal realm in the state of Ohio can be rather complicated, and the value of an attorney who is willing to take on a case like this should not be underestimated. Certain judges will likely be biased against same-sex couples, at least more so than others. Familiarity with the legal system regarding this topic is crucial to making sure that the pertinent question of how will custody be divided is addressed.
Source: 10 Thousand Couples, ” Same-Sex Divorce: The Difficulties of Nonrecognition By The Law” Stacey Schmidt, Sep. 02, 2013