Same-sex marriage in Michigan became legal and same-sex divorce naturally followed suit. The divorce challenges in a traditional marriage are not similarly felt in same-sex marriages. The laws that regulated traditional marriage now also apply to same-sex marriage.
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In a same-sex marriage, property division, and asset distribution are also important considerations. Debt division, child support, parenting time, and custody issues still affect same-sex spouses. The legal system has not undergone significant modifications as a result of same-sex marriage. The addition of new parties who are eligible for divorce is the only noteworthy aspect.
How are same-sex marriages in Michigan?
Same-sex couples have yearned of having their idea of love and marriage acknowledged by the law. The idea seemed to never arrive given Michigan’s protracted opposition to homosexual marriage.
Michigan banned same-sex marriage.
Michigan banned same-sex marriage on June 1995. The Michigan State Senate voted 31-2 for the ban. The Michigan House of Representatives voted 88-14 for the same. A bill was passed in the House outlawing the recognition of out-of-state same-sex marriages. It voted 74–28 also for the House bill in June 1995. This bill was likewise adopted by the Senate. Both bills were approved by governor John Engler. Michigan Proposal 04-2 was approved by voters in 2004. With 58.6% of the vote. Michigan Proposal 04-2 was a constitutional amendment. It outlawed same-sex marriage. The Michigan Supreme Court, later on, found the limitations imposed by the amendment. It prevented public employers in Michigan from providing domestic partnership benefits.
Same-sex couples challenged the ban.
After the state constitution changed, lawsuits arose. DeBoer v. Snyder. A lesbian couple sued for same-sex adoption. They filed on January 23, 2012, in the Eastern District of Michigan. The case challenged restrictions on same-sex adoption.
Another case is that in Caspar v. Snyder. Eight same-sex couples represented also filed a lawsuit with the help of the ACLU on July 25, 2014. The couples wished to have their marriages formed on March 21 and 22, 2014, recognized.
In Carrick v. Snyder, Detroit pastor Neil Patrick Carrick filed a case against the state. The argument is that the ban on same-sex marriage and polygamy violates Constitution. The case was dismissed in February 2016.
A district judge saw same-sex marriage as legal and made a ruling. The Court of Appeals disagreed. It suspended the ruling the following day. The district judge’s ruling, however, handed down on March 21, 2014, resulted in 323 same-sex marriages. The Appeals court overturned the decision. It reinstated the prohibition on same-sex unions on November 6, 2014. The state, however, still acknowledged the weddings of March 22, 2014. No additional weddings, however, could be held.
The Supreme Court decides in favor of same-sex marriage 5-4.
Same-sex couples were naturally frustrated with their legal limitations. They were aware that they are bound by the law. This was until that historic day of June 26, 2015. The Supreme Court made a favorable decision.
Couples flocked to county clerk’s offices across Michigan after learning that same-sex unions were now allowed in the state to obtain marriage licenses and get hitched right away. To accommodate the rush of newlyweds, several county clerks organized mass weddings or kept their doors open later than usual.
Five tribes in the Ojibwe tribal reservations have legalized same-sex unions. The Tribal Council of the Little Traverse Bay Bands of Odawa Indians voted to allow same-sex unions in March 2013. The Little Traverse Bay Bands of Odawa Indians became the first Native American tribe in Michigan to do so. Tim LaCroix and Gene Barfield were married near Harbor Springs on March 15, 2013, the same day Tribal Chairman Dexter McNamara approved the legislation.
The next step is making the law consistent across the board. This job falls on the Michigan Law Revision Commission. The state statutes have the term “wife” used in 132 parts of Michigan law and the word “husband” is used in 149. The word “marriage” is covered in 199 state statutes. Each of those state statutes requires review according to the Michigan Law Revision Commission. It is assigned the job of evaluating statutes for out-of-date provisions. And then, recommend suitable amendments to the Legislature.
The commission examines minor issues. Such examinations will look into the language used in forms and suggest changes. These changes could mean replacing gender-specific words. They intend to change words like “husband” and “wife” with the more inclusive term “spouse.” The Commission will also consider major issues in same-sex marriages such as divorce and child custody.
How are divorce and separation in a same-sex marriage?
If your marriage is now ending, your divorce will address matters like splitting assets and debt. The terms of your divorce will include addressing child support, parenting time, and custody.
Your relationship may be ending or you’re not married. You might be able to settle your separation issues through mediation. You may be one of those lucky enough to obtain a second-parent adoption in Michigan or another state. A second-parent adoption can help you in court with child support, parenting time, and custody.
Marital debts and assets are those that you and your spouse acquired while you were married. In general, assets and debt acquired during the marriage are taken into account. A lawyer might be able to help you persuade the judge to share specific property you acquired before the marriage if you and your spouse were long-term partners before you were legally allowed to get married. You can try to come to an agreement in mediation rather than letting the judge decide how to divide your assets.
Are child custody and parenting similar in same-sex marriage?
Establishing legal relationships with children in a same-sex marriage is simple now. Legal parents have full involvement in children’s lives. They get to make decisions about education, health, and other matters for their children. When you die, your child can inherit from the estate. Parentage can occasionally provide a legal issue in a divorce with children. There is a risk your parental rights will not be upheld. You might not be able to have custody of your children or have parenting time.
Same-sex couples and children.
Same-sex couples can get sperm donors to help them conceive. The child should be born during the marriage so they will be recognized as parents under the law. As non-biological parents, their parental rights will be protected if they make an extra effort in a stepparent adoption. Stepparent adoption is referred to under state laws as a confirmatory adoption. This proves that the adoptive parents have been granted full parental rights by virtue of their marriage. Confirmatory adoption is a formalization of parental rights.
The non-biological mother is nonetheless a legitimate parent even if she did not obtain a stepparent adoption. The original mother, however, can assert that she always meant to be the child’s only legal parent. If you are the non-biological mother in this case, you might be able to use specific legal theories to prove that you are the parent to the judge. The equitable parent doctrine is one illustration.
Another issue can arise for a married couple who chooses to employ a known sperm donor rather than an anonymous one through a sperm bank. Attempts to establish paternity, custody, and parenting time rights could be initiated by a known donor. If there is a donor contract, the legal parents might require assistance in enforcing it.
Children conceived before the marriage of same-sex couples using a sperm donor.
A female married couple can use a sperm donor to conceive a child before marriage. They could establish a non-biological mother’s parental rights through second-parent adoption. Or perhaps they obtained a stepparent adoption after their marriage to establish her rights. Parental rights are protected in both scenarios.
The child’s non-biological mother does not have parental rights if there was no adoption by a second parent or stepparent. You might be able to resolve the issue of custody and parenting time through mediation if you are going through a divorce.
Children of same-sex couples born to surrogate mothers.
The non-biological parent(s) may have finalized adoption to become a legal parent if a couple utilized a surrogate to conceive a child while they were still dating. A non-biological father’s parental rights are protected by adoption. The surrogate’s parental rights need to have been relinquished before the adoption. The surrogate’s spouse’s parental rights ought to have been terminated as well if they were married.
Adoption of Child Biological Unrelated to Couple
The issue of paternity won’t come up between same-sex couples if you adopted a child while you were still married. You should have completed a single-parent adoption. You will have to perform a stepparent adoption after marriage to establish parental rights. Without stepparent adoption, you do not possess parental rights. If you are in the middle of a divorce you should use mediation to try and iron out custody and parenting time arrangement.
We can cherish the rights and recognition that same-sex couples have received. A gift from the wisdom of a higher court. We should not forget that this is not yet a constitutional amendment. Another court from another generation may interpret future cases on same-sex marriage differently. For now, talk to an attorney to make you understand the nuances of same-sex marriage and divorce. Be aware and be educated.
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