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Aug 13, 2015

Legal Same Sex Marriage Also Means Legal Same Sex Divorce

Aug 13, 2015 - Family Law by |

Same Sex Marriages Will Also Lead to Same Sex Divorces

When the state of Maryland legalized same sex marriage, we discussed the need to begin preparing for same sex divorce in the state. Same sex marriage was legalized in the state in the November 2012 election, and went into action at the start of 2013.

Now, the Supreme Court has made its landmark ruling that same sex marriage is legal across the entire country. More specifically, by a 5-4 measure the Supreme Court ruled that states cannot keep same sex couples from marrying and must also legally recognize their unions. Justice Anthony Kennedy wrote the majority opinion of the ruling.

It brings the same unintended consequence of same sex marriage which was happening on a state by state basis first, and that’s the prospect of legal same sex divorce.

The statistics show that divorce occurs at an extremely high rate, across couples of all backgrounds, circumstances and ages. Yes, even gray divorce, between couples who are over the age of 50 and have been in long-term marriages, is not only taking place, but is increasing at very rapid levels.

Therefore, many same sex marriages will likely end up going through the divorce process as well. With full legal rights of marriage, the same legal requirements and regulations apply for divorce. This includes areas such as the division of property and other assets, along with a range of financial concerns.

Many same sex couples getting married now have likely waited years for the privilege to do so. This means that the trickle of same sex divorces nationwide may begin slowly, but certainly, more and more cases will continue to arise.

If you find yourself in the position of going through a same sex divorce, then be sure to take swift action to protect yourself. Work with an attorney who will fight on your behalf while providing attentive and caring support.

Call the Law Offices of Brandon Bernstein at 240.395.1418 for a free consultation to begin discussing your case.


The information and materials on this blog are provided for general informational purposes only and are not intended to be legal advice. Read our full disclosure here.