Is LGBTQIA+ divorce harder? When it comes to same-sex divorce in Missouri, the answer is both yes and no. While same-sex marriage has been legal in the state since 2015, there are still some unique challenges that couples may face when seeking a divorce.
In Missouri, all divorces are considered “no fault”, meaning that neither party needs to prove that the other was at fault for the dissolution of the marriage. However, due to the fact that same-sex marriage was not recognized until 2015, many judges may be unfamiliar with how to handle certain issues related to same-sex divorce proceedings. This can include issues such as child custody or division of assets.
Because courts may not recognize the full duration of a same-sex marriage, spouses may not have access to certain benefits that require a minimum marriage period. For example, military spouses must be married for at least ten years to be eligible for some military benefits during divorce. Additionally, assets that would be considered marital assets in another state could be subject to division depending on the judge’s decision and the state’s recognition of same-sex marriage
Another issue that may arise during a same-sex divorce is determining paternity or maternity. In Missouri, a presumption of paternity exists if two people are married at the time of conception or birth of a child. However, this presumption does not exist for same-sex couples who have children together prior to getting married. This means that if one partner wants custody of their child from a previous relationship with another person, they will need to establish paternity through DNA testing or other methods before proceeding with their divorce case.
It is important for those considering a same-sex divorce in Missouri to understand their rights and seek out experienced legal representation who can help them navigate these unique issues. An experienced attorney can help ensure that your rights are protected throughout the process and work hard to protect your best interests during negotiations and court proceedings.
Overall, while there may be some unique challenges associated with obtaining a same-sex divorce in Missouri, it is still possible for couples to obtain an amicable resolution without having to go through lengthy court battles. With proper guidance and legal representation from an experienced attorney, you can ensure that your rights are protected throughout the process and get the outcome you deserve in your case.
Contact Smith Law Offices, LLC to learn more.