With the legalization of same-sex marriages there comes the issue of same-sex divorce, and in most states, including Connecticut, the same divorce laws that govern traditional marriages, also apply to same sex marriages. Same-sex marriage is fully accepted in Connecticut, and the process of marrying is no different than the process of marrying for heterosexual couples. Same-sex couples must recognize though, that a marriage legal in one state may not be recognized in another state if they move.
Since 2008, Connecticut has allowed same-sex civil unions to take place. In October 2010, any and all preexisting civil unions were converted into marriages. Like many other states, Connecticut recognizes same-sex marriages from around the United States as a legal union.
To marry in Connecticut, same-sex couples must follow the same residency requirements as a traditional marriage. Couples wishing to marry must be a resident of Connecticut for at least twelve months.
The divorce of same-sex couples is also the same. Same sex couples interested in divorcing in Connecticut must have at least one party still living in the state for at least a year before the final divorce decree is given.
If there are any marital assets obtained during the marriage, the assets will be divided equally between both parties. These assets include any property and or/debt.
As in the divorce of a heterosexual couple, if there are children involved, custody and child support will need to be determined and is treated the same as a heterosexual child custody case. The same ruling also applies to spousal support.
From the beginning of the union, same-sex couples should consult with an attorney who can help them avoid any potential issues that may arise later in the marriage. Same-sex couples should consider a prenuptial agreement or other sets of legal documents needed during the union.
Same-sex marriage, divorce and family legal issues can be complicated due to the difference between state and federal law. The attorneys at Costello, Brennan and DeVidas P.C., are here to help you through every step. Call us today to learn more.
