Common LGBTQ Oklahoma Family Law Questions & Answers
1.) Is The Divorce Process Different Than For Different-Sex Spouses?
No. The process is the same. You will follow the same procedures and will file the same dissolution of marriage. Same-sex couples are also able to receive alimony, be awarded custody, visitation, and support for children. The division of marital property is the same. However, the issue of marital property actually exposes a different issue. Because of how recently same-sex marriage was legalized, there are many same-sex couples that have been together for a long time before they were married. In this case, their marital property is only what they accrued while actually being married.
2.) Child Custody and Visitation, Is It Different For Same Sex Couples In Oklahoma?
When both parents in a same-sex marriage have the same legal status with regard to a second parent adoption or parentage judgment, ensuring the child continues to have a relationship with both parents will most likely be among the greatest considerations for the court like it is when opposite-sex parents divorce. In cases where non-biological parents have not formally adopted a child or obtained a parentage judgment, they may not have equal rights or any rights to custody or visitation. With that being said a non-biological parent that has not adopted a child also may not be ordered to pay child support. Note, the law is still developing and we have very little case law to guide us on these issues in Oklahoma.
3.) Who Can I Talk To About My Divorce?
If you are seeking a same-sex divorce in Oklahoma, Hayes Legal Solutions, PLLCHayes Legal Solutions, PLLC is here to help you navigate these challenging times. We are dependable and experienced in navigating the negotiations, litigations, and challenging issues that can arise during a same sex divorce. Contact us online or call today at 405-635-5578.
