Divorce and Separation Options for Same-Sex Couples

Same-sex couples are commiting their lives to each other and building families every day.  However, without the same legal processes in place for those couples as heterosexual couples in building their families, there is also very little law or information on the rights and legal process involved with same-sex divorce or breakups.  

Regardless of the lack of information, same-sex couples are similar, if not the same, as heterosexual couples in terms of the issues of divorce.  Here are three options for same-sex couples presented by Cathy Meyer at About.com: 

1)  Do-It-Yourself Divorce.  Just as with opposite-sex couples, this would be the least costly way. It maintains the couples privacy and makes the process simple and quick. But, since there is no legally binding contract there is no balance of power. One partner may walk away with more than is his/her right. In a situation like this communication and compromise can be hard if emotions are highly charged.

2) Hire an experienced divorce attorney and collaborate.  This way each side would be legally represented which would mean they would have a trained professional to focus on their rights. If emotions are highly charged it would keep communication between partners at a minimum and they would both walk away with a legally binding contractual agreement as to division of property and such issues.  This option could get expensive since you would have to consider the cost of an attorney. Since there is no need to file with the courts though, couples would not be faced with that extra expense.  

To locate a collaborative professional in your area, go to http://www.collaborativepractice.com/_loc.asp

3)  Hire a private mediator.  One option would be to hire the services of a professional mediator. The couple would receive experienced guidance but at less expense than an attorney. They would still walk away with a legally binding contract and, within a shorter time span.

To locate a mediator in your area, go to http://www.mediate.com/mediator/search.cfm

Just like heterosexual couples, same sex couples will continue to build lives together and some will find that the relationship will not be forever. How the assets, interests, debts, and parenting of the partnership are distributed requires careful thought and consideration of any options that exist.