Although same-sex marriages were only recently permitted in Alabama, many same-sex couples married in other states reside in Alabama. Same-sex couples now have the same rights as other couples, including the right to pursue a divorce. Same-sex couples are plagued by the same stressors as any other couples, so it is inevitable that some of these marriages will end in divorce.
Since same-sex marriage and divorce is relatively new in Alabama, it’s important to have an Alabama family lawyer on your side. In fact, as recently as 2014, same-sex divorces were denied through the court system. One particularly challenging aspect of same-sex divorce in Alabama is how to define the beginning of the marriage.
- Did the marriage begin when the couple married in another state?
- Did the marriage begin when the Supreme Court ruled on June 26, 2015?
- Did the marriage not begin until Alabama ruled to allow same-sex marriage?
The formal date in which a marriage begins is important, as the length of a marriage can be especially important in the property settlement process. For example, was the home purchased before or after the couple was married? Were assets and debts acquired before or after the marriage began? As you can see, same-sex divorce can present many challenges. It is important to have an experienced Alabama family law attorney on your side.
In addition to the same-sex challenges presented in a divorce, other aspects of the divorce process still apply. This includes adoption, custody, parenting agreements, alimony, child support, property disposition, and other legal issues.