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Legal topics same-sex couples should consider with divorce

Legalizing same-sex marriage in Minnesota on August 1, 2014 opened a lot of doors for homosexual couples across the state. Not only were their unions now allowed and recognized by state law but they now had rights concerning other family law issues such as child custody and divorce.

But although heterosexual couples in our state have been exposed to how the courts handle family law issues for decades now, this process is relatively new to a lot of homosexual couples. It's because of this unfamiliarity with the law that has led many to seek help from knowledgeable attorneys who can help them with the processes they may encounter.

Before seeking the help of a skilled lawyer though, there are a few legal topics that same-sex partners in Minnesota should consider and be prepared to address. If the couple is seeking a divorce, the first thing to consider is how you want to go through the process. Do you want to engage in the typical divorce process or would you prefer a different option such as divorce mediation?

If you and your spouse have children, whether biological or adopted, considering how you will share custody will be important as it will help you create a parenting plan that is both agreeable as well as in your children's best interest.

You may also want to consider the possibility of child support payments as well. Considering your finances ahead of time will prepare you for the difficult question of who will be obligated to pay their ex-spouse -- possibly even shortening down the amount of time it will take to make this determination as well.

Because you and your partner may not be living together after a separation, it's a good idea to consider property division and who will get the home you may share. This is important to keep in mind because relocations can affect child custody and visitation, which may further necessitate the need for an experienced lawyer.

As you probably realize, there are a lot of things to consider when it comes to same-sex partners and family law. But with the help of a lawyer, you will be able to not only address the issues at hand but meet a resolution that both you and your former partner can agree on.

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