Divorce Issues Only Same-Sex Couples Deal With (Pt 2)

Gay couples fought hard to win, but the battle isn’t over. Same-sex divorce presents unique challenges as well!

Welcome back and thanks for joining us again. We’ve been discussing issues that people deal with when they get divorced, but with a particular focus on same-sex couples. Although gay marriage was legalized in Michigan in 2015 when the Supreme Court legalized it across the nation, there are some issues that are specific to same sex couples when it comes to divorce. We’ve already talked about adoption and custody concerns, but we’d also like to address a few issues that are not talked about as often.

Sometimes formalities don’t seem worth the effort.

Gay marriage took so long to be legalized, that there were many people who lived with their partners for years (in some cases decades) before they were allowed to formalize their unions. And in some cases, formalizing a union that has already been in effect for many years may seem pointless. Many gay couples who had already been living together for a long time didn’t see the point of formalizing their relationships when gay marriage was legalized. After all, it’s just a piece of paper, right?

Actually, no. It’s a lot more than that. A marriage certificate entitles you to a lot of protections that you’d miss out on if you and your unmarried partner parted ways without one. For example, a fair division of assets is almost guaranteed if you’re getting divorced. Whereas if you’re just parting ways, you have no way of ensuring that you get what is rightfully yours. (If your partner used your tax refund to buy themselves a car, not being married offers you no way to recoup that loss when you finally end the relationship.)

Discrimination still exists in Michigan

It’s extremely rare for a divorcing couple to be treated poorly by their divorce lawyer simply because they’ve chosen to end their marriage. So for most heterosexual couples, they would never encounter discrimination from their own attorney. But sadly, the same cannot be said for all divorcing same sex couples. Why? Because discrimination against gay people still takes place here in Michigan, and sometimes it even happens right in the offices of divorce attorneys whose help they are hoping for.

There are attorneys (just like there are people in all walks of life) who do not agree with gay marriage, and do not believe it should have been legalized. For this reason, there are same sex couples whose divorce attorneys may not work as hard, or fight as aggressively on their behalf as others would have. It’s an unfortunate truth, but not all divorce lawyers are created equal, and some allow their prejudices to get in the way of doing the best job for every client, no matter what their personal beliefs are.

Same-sex divorce brings some very unique challenges to the table.

At The Kronzek Firm our skilled and experienced family law attorneys have spend decades working with people from all over Michigan, helping them with their divorces and other family law needs. Time and again, we’ve represented our clients through difficult and turbulent cases, ensuring that their every need is met, and their rights are entirely protected. So if you or a loved one are in a same sex marriage and are considering divorce, call 866 766 5245 to get fair and aggressive representation of the highest quality.