February 21, 2024
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Same Sex Marriage and Divorce

Same Sex Marriage And Divorce

This piece will talk about the different aspects of same-sex marriage and divorce in North Carolina. It will also talk about the rights, challenges, and legal issues that LGBTQ+ couples may face.

North Carolina, in 2015 after the Obergefell v. Hodges decision, was among the 37 states in the United States to legalize same-sex marriage. Because of this, a lot of same-sex couples, no matter where they lived, decided to get married in one of these states. Before beginning the divorce process, there are a few things you should be aware of if you are a part of a same-sex couple that is thinking about it.

In North Carolina, a divorce cannot be granted unless at least one spouse continues to reside in the state during the divorce proceedings. In most cases, the residency may need to last between six months and two years. Nonetheless, being married does not require residency in many states. This implies that although a couple could spend a few days traveling to another state to get married, they might not be able to get divorced in the same way.

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Divorce in a Same-Sex Relationship

For the most part, the procedure for a same-sex divorce is the same as that for heterosexual couples. There are no-fault and fault-based ways to dissolve a marriage since LGBTQ couples are now allowed to file for divorce in every state. Regardless of when you were married—before or after Obergefell v. Hodges—this is relevant. In order to file for divorce in North Carolina, one or both of the couple’s members must have resided in the state for the previous six months. To be eligible to file, the couple must also have been separated for at least a year—that is, living apart with no intention of getting back together.

In North Carolina, there is no legal separation requirement unless there are extremely rare circumstances, typically involving domestic abuse. After that, you’ll determine the kind of divorce that works best for you.

Matters That Arise During Same Sex Marriage

Even though same-sex divorces are now easier to obtain legally, divorces still require the courts to decide a number of issues. Property division, child custody, child support, and spousal support are some of these concerns.

Determining when the marriage officially began in order to address these matters and whether the duration of the marriage should be computed retroactively to account for time spent before the Obergefell ruling may prove challenging.

Visitation and Custody of Children

What would be in the best interest of the child is often the court’s top priority when deciding child custody and visitation during divorce proceedings. Many states make the assumption that keeping a child in contact with both parents is beneficial. In the case of same-sex couples divorcing, courts may find it more difficult to decide on custody arrangements.

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Ensuring that the child maintains a relationship with both parents will probably be among the court’s top priorities when both parents in a same-sex marriage have the same legal status with regard to a child because of a second parent adoption or a parentage judgment, just as it is when opposite-sex parent divorce.

Property Division

The amount of each couple’s financial contribution to the marriage and the types of property that have been kept separate or combined are just two examples of the factors the court may take into account when distributing property.

In a similar vein, the duration of a marriage might influence the amount, kind, and length of time one spouse must provide spousal support to a more dependent spouse. Due to variations in how courts determine the duration of marriages, this calculation might be more difficult in same-sex marriages.

Frequently Asked Questions About Same Sex Marriage

1. Is married equality permitted in North Carolina?

In North Carolina, same-sex marriage is permitted.

2. Does the state have any residency requirements for same-sex marriages?

No, same-sex couples cannot marry in North Carolina if they do not meet any particular residency requirements.

3. Is it possible for same-sex couples to adopt kids in North Carolina?

In North Carolina, same-sex couples are granted the same legal rights to adopt children as heterosexual couples.

4. Do LGBTQ+ people in the state have any protections against discrimination?

North Carolina does not currently have comprehensive state protections against discrimination based on sexual orientation or gender identity as of my most recent update. Certain protections, though, might be offered by certain municipal ordinances.

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