Implications Of Same-Sex Divorce In Indianapolis

The end of a marriage is never easy, and for same-sex couples, there are additional considerations that can impact the divorce process. While same-sex marriages are treated the same as heterosexual marriages under Indiana law, factors such as the length of the relationship, parental rights and the history of civil unions can give rise to many questions about the dissolution process.

At Ruppert & Schaefer, P.C., we understand the challenges same-sex couples may face during divorce. With decades of experience in family law, we provide the guidance and support you need throughout the legal steps, making sure your rights are protected from start to finish.

Navigating Same-Sex Divorce

The process for same-sex divorce mirrors that of any divorce in Indiana, involving the division of property, child custody and support, and potential spousal maintenance. However, divorcing parties may have questions about specific issues that have impacted same-sex couples in the past:

• Civil unions and the length of marriage: Before the Respect for Marriage Act, many same-sex couples were unable to marry legally. As a result, questions about when their union began – whether at the start of cohabitation or the legal marriage date – can complicate property division. Indiana does not recognize common-law marriage, so establishing when the marriage began in the eyes of the law is something that should be discussed with your attorney.
• Parental rights: In the past, nonbiological parents faced additional hurdles in asserting their rights, especially if parentage was not formally established through adoption or other legal documentation. Presently, in most scenarios, if the child(ren) at issue were born during the marriage, same-sex couples will handle child-related issues in divorce just as any other couple would. If the child(ren) at issue were born outside the marriage, an attorney can provide detailed advice about this will be handled in a divorce. 
• Name changes: A spouse seeking to revert to their pre-marital surname must request this during the divorce process. Indiana courts can incorporate this into the final divorce decree.

Couples in same-sex divorces should also consider any lingering effects of civil unions or domestic partnerships from other states. The dissolution of these agreements may require separate legal actions, depending on their jurisdiction of origin.

Work With Knowledgeable Same-Sex Divorce Attorneys

The evolving legal landscape surrounding same-sex marriage and divorce underscores the importance of working with experienced attorneys. A skilled divorce lawyer can provide clarity, advocate for your rights and address unique concerns. Call 317-660-8150 or contact us online for a consultation.