Same-sex marriage in Minnesota is still relatively new, making the concept of divorce even newer, and complicated. Issues such as child custody and spousal support are not cut and dried. There are many complications involved, and not all family law attorneys are experienced in representing those going through a same-sex divorce. It’s important to take all the various elements into consideration and understand how they differ from heterosexual divorces.
First of all, property division is dictated by what is outlined in the prenuptial (prenup) agreement, if there is one. Couples sometimes have one drafted before marriage in order to protect their assets. If the couple does not have a prenup, then assets are split based on what is fair. Same-sex marriage became legal in Minnesota on July 1, 2013, so couples married before that date will likely face some difficulties when dividing property, since the marriage probably occurred in another state.
Things become even more complex if the couple has children. Only one party can be the biological parent, so the likely scenario is that one person has full custody. Whether or not the other party would be able to visit the child would depend on all the facts involved. Because of this, child support issues may be quite complex. The same goes for alimony. It may or may not be awarded based on the situation.
Divorce is difficult enough for heterosexual couples. The family law issues that same-sex couples face can be extremely complicated. We are experienced and knowledgeable divorce lawyers who have experience helping clients understand what they are up against and what legal rights they have.