In general, states require that same-sex couples comply with period of residency in the state where they’re requesting for a divorce. However, this is a problem for same-sex couples living in a state that doesn’t really recognize their marriage as legal.
However, know also that some states have laws to enable courts to allow same-sex divorce in the event that the couple was considered legally married in another state, but now lives elsewhere.
Does Same-Sex Divorce Have Tax Implications?
Although state laws can grant the same divorce rights as couples of the opposite sex, the federal and state law interactions may complicate tax issues. The IRS (Internal Revenue Service) recognizes same-sex marriages due to federal tax purposes. On the other hand, if you live in a state that doesn’t recognize same-sex marriage, you may have to file your taxes separately.
According to the Law Office of Doreene A. Kuffer, the Supreme Court now also allows same-sex couples to obtain federal benefits such federal tax and social security benefits. This means that same-sex couples will be able to transfer property without federal taxation in the event that the couple decides to divorce.
Child Custody Issues with Same-Sex Divorce
Majority of states prefer giving custody to mothers, however, this isn’t applicable to same-sex couples. To illustrate, lesbian couples who have a legally adopted child are both considered mothers, while no one can be considered a mother with gay couples who have a legally adopted child. In addition, if one of the spouses is the child’s biological parent, the court may or may not recognize shared child custody with the child’s non-biological parent.
Why Legal Help is Crucial
Laws on same-sex marriage and divorce significantly vary from state to state, such that some states they won’t grant same-sex divorce to couples since they don’t legally recognize same-sex marriage. In addition, child custody arrangements and the division of property may be complicated.
With this in mind, you must seek help from a Rio Rancho divorce attorney who specializes in LGBT laws concerning same-sex marriage and divorce.