What Do You Need to Know About Getting Divorced in Ohio if Your LGBTQ+ Marriage Was Established in Another State?
Ohio recognizes same-sex marriages performed in other states following the landmark 2015 U.S. Supreme Court decision in Obergefell v. Hodges, which legalized same-sex marriage nationwide. LGBTQ+ couples who were married in another state can seek a divorce in Ohio, provided they meet the state’s residency, age, and mental capacity requirements. Generally, both spouses must be over 18 years of age and not considered legally disabled. At least one spouse must have been a resident of Ohio for at least six months before filing and a resident of the county where the divorce is being filed for a minimum of 90 days. Ohio provides for both no-fault and fault-based divorces. Once the validity of the petition is established, the divorce process for LGBTQ+ couples follows the same basic rules and procedures as for heterosexual couples.
While the legal process may be standard, LGBTQ+ couples can face distinctive challenges during and after divorce. Non-standardized laws across the U.S. can create complications for child custody, spousal support, and property division issues if you have moved to a new state. While legal proceedings are meant to be impartial, it can still be essential to seek the representation of a dedicated divorce attorney with experience representing LGBTQ+ individuals who can ensure that the state’s laws are applied consistently and without bias.
Why is Relationship Length a Vital Consideration in an LGBTQ+ Divorce?
Despite the legal recognition of same-sex marriages, LGBTQ+ couples may face several unique hurdles when seeking a divorce in Ohio. One of the most significant issues is determining the length of the marriage, which can impact various aspects of the divorce settlement. Many LGBTQ+ couples were in committed relationships long before they could legally marry, and some may have had commitment ceremonies or registered as domestic partners in other jurisdictions. Ohio courts have the discretion to consider the details of each case when determining the start date of a marriage, which may predate the legal ceremonial marriage that took place after the Obergefell decision. If this is a factor in your divorce, it’s vital to seek the representation of an experienced lawyer who can advocate for your rights.
Why is Property Division Often Challenging for LGBTQ+ Couples?
The determination of marital property and its division can be particularly complex for LGBTQ+ couples who have been together for many years. In Ohio, marital property is subject to equitable distribution, meaning it should be divided fairly, though not necessarily equally. For couples who pooled their resources and acquired assets together before their legal marriage, it can be challenging to determine what constitutes marital property. It may require extensive documentation and negotiation to ensure a fair division of assets accumulated throughout the relationship, not just during the period of legal marriage.
How Can Spousal Support Be Impacted?
Spousal support, also known as alimony, is another area where LGBTQ+ couples may face unique challenges. In Ohio, courts consider various factors when determining spousal support, including each spouse’s assets and debts, their relative earning capabilities, any contributions to the training and earning ability of the other spouse, and the duration of the marriage. For couples who were together long before their legal marriage, this can lead to potentially unfair outcomes if only the period of legal marriage is considered.
For example, one spouse may have contributed substantially to the education expenses of the other spouse before they could be legally married. It’s crucial for LGBTQ+ couples to work with experienced attorneys who can advocate for considering how changing laws impacted the couple’s relationship over time when determining spousal support arrangements.
How Are Parental Rights and Custody Handled in Ohio LGBTQ+ Divorce Cases?
Child custody and parental rights can be particularly complex issues for LGBTQ+ couples in Ohio. While the state recognizes adoption by married same-sex couples, biological parentage can still present challenges. In cases where only one partner is the biological parent, the non-biological parent may need to go through a second-parent adoption process to establish legal parental rights. This step is crucial to protect parental rights in the event of a divorce. Without legal recognition as a parent, a non-biological parent may face significant hurdles in securing custody or visitation rights during divorce proceedings.
How Can Prior Residency in Other States Make Divorce Proceedings Harder?
Unfortunately, individuals may face legal complications caused by the patchwork nature of the codification of LGBTQ+ rights by states over the past several decades. Some LGBTQ+ couples may have registered as domestic partners or entered into civil unions in other jurisdictions before getting legally married. When seeking a divorce in Ohio, these couples may need to take additional steps to terminate these prior legal relationships. While some jurisdictions automatically terminate domestic partnerships upon marriage, others may require separate proceedings. It’s vital for couples to address all existing legal relationships to avoid complications and ensure a clean break.
How Can Effective Planning Protect You, Your Spouse, and Children in the Event of a Split?
No one likes to think about the possibility of a divorce, but the best time to plan is often before any issues arise. Creating a marriage dissolution plan you never need to use is much better than not having a strategy in place when times become difficult. Given the unique challenges LGBTQ+ couples may face in divorce, there are several essential steps they can take to streamline the process if it ever becomes necessary:
- Maintaining clear financial records throughout the relationship, including documentation of assets acquired before and during the marriage, can be invaluable in property division discussions
- Consider creating a postnuptial agreement that outlines how assets would be divided in the event of a divorce
- If you have children, ensuring that both spouses have legal parental rights through adoption or other means is vital to protecting your relationships with your children if a split ever occurs
- Consult with a trusted lawyer upon moving to Ohio to ensure all previous documentation and planning meets state guidelines and serves your goals as a couple
How Can Our Skilled Lawyers Represent Your Interests?
The legal landscape for LGBTQ+ marriages and divorces across the country continues to evolve. It’s crucial for couples who are considering divorce after moving to Ohio to seek guidance from attorneys who have experience with LGBTQ+ family law issues. An experienced divorce attorney from Lawrence Law Office can help you work towards a fair and equitable resolution. We can also provide valuable insights into how Ohio courts have treated similar cases and will advocate and negotiate for the best possible outcome in your case. To explore your legal options and any issues that may affect your divorce, contact our helpful law firm today at 614-362-9396.
