Just as same-sex couples can marry in Utah, they can also get divorced. Utah legalized same-sex marriage nearly two years prior to the SCOTUS ruling that made same-sex marriage legal in all states.
Divorce is seldom pleasant, but it is a necessary process when a marriage doesn’t work out. Same-sex couples are afforded the same considerations for divorce as traditional couples, and they face many of the same issues during the divorce process. If you are considering divorce or have been served with a petition to dissolve your marriage, our Salt Lake City divorce attorney can help. Reach out to us for compassionate representation in court. Let’s look at the potential issues that may arise during your same-sex divorce in Utah.
Although some issues are still evolving in same-sex divorce and remain in a grey area legally, there are some issues that occur with same-sex divorces that are common in all divorce proceedings. Primary among them is the division of assets. When you and your partner decide to call it quits, any property that you obtained together must be divvied up between you. This may give rise to questions about what should be done with a home you own together, how retirement assets should be divided, or even how to divide personal property. The courts look for an equitable division of assets in most divorce cases.
It is not uncommon for custody issues to take center stage during a divorce. This is an area that is still being ironed out in the courts and that is made somewhat complex by Utah law. The presumption is that courts will handle same-sex marriage dissolution, and thus the issues that come with it (like child custody and support) in the same manner that traditional cases are handled. However, since there is little by the way of case law and precedent to go by, it is probable that judges will rule on custody with the best interests of the child at heart. Oftentimes, the parent with a biological tie to the child is given more favour in the eyes of the law. This normative standard may not deviate based on whether a marriage is same-sex or traditional marriage in most instances.
In Utah, spouses sometimes find themselves ordered to pay alimony. Alimony is generally awarded for no longer than the number of years the marriage lasted, although this can vary. It is not uncommon for a judge to order longer or shorter terms of alimony based on the particular circumstances of the couple.
If you are getting divorced, you are likely frustrated, confused and maybe even a bit frightened about what the future holds. Our Salt Lake City divorce attorney at Emy A. Cordano, Attorney at Law, understands that divorce, like marriage, is complicated. We are here for our clients every step of the way. Reach out to us at 801-804-5152 or click here to set up a legal consultation with our legal team.