Same-Sex Divorce – Michigan Lawyers

The legal factors that apply to same-sex marriages apply to traditional marriages. The legal criteria remain the same. Same-sex divorce is no different from the traditional divorces we know decades ago.

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Same-sex divorce is going through the same divorce-related issues from thirty years ago. Both child support and custody are issues. A division of the property exists. Debt must be paid off. Parenting time is a problem you must solve. The same effects have an emotional and psychological impact. Whether a divorce is same-sex or traditional is irrelevant. Some problems could be distinct from others. Find a legal representative for your case who has the same perspective as you. Consult an attorney who has handled cases like yours.

Same-sex marriages are now legal. Michigan allows it. Same-sex marriages are subject to the same legal requirements as traditional marriages. The legal requirements remain the same. The same issues surrounding divorce still exist today. There is child support and custody. There is a division of the property. You must pay off the debt. You must take care of parenting time. The effects on the mind and heart are identical. It makes no difference whether the divorce is same-sex or conventional. There may be certain concerns that are unique. In your scenario, you must find a lawyer with similar values. Use a lawyer who has experience with cases like yours.

In Michigan, same-sex marriage was outlawed in June 1995. In a 31-2 vote, the Michigan State Senate approved the ban. The same was approved by 88-14 votes in the Michigan House of Representatives. The House approved a bill that forbids the recognition of out-of-state same-sex unions. In June 1995, it also voted 74-28 in favor of the House bill. The Senate also voted to pass this bill. John Engler, the governor, gave his approval to both proposals. Voters in Michigan adopted Proposal 04-2 in 2004. 58.6% of the total vote. A constitutional amendment was Michigan Proposal 04-2. It prohibited same-sex unions. Later, the Michigan Supreme Court determined that the amendment’s restrictions were valid. It made it illegal for Michigan’s public employers to offer benefits for domestic partnerships.

Lawsuits emerged once the state constitution changed. Snyder v. DeBoer. For same-sex adoption, a lesbian couple filed a lawsuit. They made their filing in the Eastern District of Michigan on January 23, 2012. The law in question contested limitations on same-sex adoption.

Caspar v. Snyder is another case. On July 25, 2014, eight same-sex couples who were represented filed a lawsuit with the aid of the ACLU. The spouses requested recognition of the marriages they had on March 21 and 22, 2014. Detroit preacher Neil Patrick Carrick brought a lawsuit against the government in Carrick v. Snyder. The claim is that the Constitution is violated by the prohibition on polygamy and same-sex marriage. February 2016 saw the dismissal of the lawsuit.

A district judge made a decision recognizing same-sex marriage as legitimate. The Court of Appeals was in opposition. The following day, it suspended the decision. The March 21, 2014, decision of the district judge led to 323 same-sex unions. The Appeals court handed down an opposing decision. On November 6, 2014, it reaffirmed the ban on same-sex unions. The state continued to recognize the marriages on March 22, 2014. There were no more weddings that could be held after that.

Couples of the same sex were understandably upset by their legal restrictions. They understood that they are still bound by state law. This was up to June 26, 2015, a historic day. A positive ruling was reached by the Supreme Court. Same-sex partnerships were now permitted in the state. Those seeking marriage got licenses and got married immediately. Couples hurried to county clerk’s offices throughout Michigan. Several county clerks planned mass weddings. Some kept doors open later than normal to accommodate the influx of same-sex partners.

How does divorce work in same-sex marriage?

Your marriage is currently over. Issues like debt and asset division will be covered in your divorce. Your divorce agreement will specify details of child support, parenting time, and custody. You might not be married or your relationship might be ending. Your separation-related difficulties might be resolved through mediation. You might be one of the fortunate ones to be able to have a second-parent adoption in Michigan or another state. You may be able to win custody, parenting time, and child support. You can do it in court with the aid of a second-parent adoption.

Your marriage is currently over. Issues like debt and asset division will be covered in your divorce. Your divorce agreement will specify details of child support, parenting time, and custody. You might not be married or your relationship might be ending. Your separation-related difficulties might be resolved through mediation. You might be one of the fortunate ones to be able to have a second-parent adoption in Michigan or another state. You may be able to win custody, parenting time, and child support. You can do it in court with the aid of a second-parent adoption.

You can end your relationship without using the legal system if you and your partner are not married. You can use mediation if there are topics you can’t come to an agreement on. These can be topics such as property partition or child custody. Consider speaking with a lawyer if your relationship has a child. And, your partner appears to be the only legal parent. Same-sex divorce is governed under Michigan Compiled Laws. Gay couples and heterosexual couples are both protected by the same laws and rights. Meet the state residency criteria. Anyone who is married to a same-sex spouse may file for divorce in Michigan. Gay couples should be aware that common-law marriage was outlawed in 1957. Reflect on this before deciding whether to pursue the option. Getting a marriage license is the only method to get married legally.

One spouse must submit the necessary paperwork to the court. Without that paperwork, the divorce procedure for same-sex couples cannot start. Divorce proceedings in Michigan apply to all state residents. County-specific laws may change slightly. The pair shows up for a court hearing. A judge evaluates their case and renders a decision. The same-sex divorce papers are filed in the petitioner’s county of residence in Michigan.

Forms for same-sex divorce in Michigan differ based on the couple’s circumstances. But, in every circumstance, a divorce complaint is required. Less paperwork is needed in uncontested same-sex divorce proceedings in Michigan. It is less for divorce without children in disputed ones. You can choose to handle your own divorce preparations. It might be helpful to learn more about filing for a same-sex divorce. In Michigan, you can learn more about same-sex divorce at the county clerk’s office.

Assets and debts you and your spouse accumulated while married are marital property. You might be long-term partners before you were legally allowed to get married. An attorney might be able to help you convince the judge to divide specific properties. The property you obtained before the marriage. You can choose not to have the judge decide how to divide your assets. You can try to reach an agreement during mediation.

How do child custody and parenting time work in same-sex divorce?

The lives of children are fully influenced by their legal parents. For their children, they get to decide on things like their education, health, and other things. Your child is eligible to inherit from your estate after you die. Parentage might provide a legal problem in a divorce involving children. Your parental rights might not be upheld. It is a possibility in a same-sex relationship. You could not be granted parenting time or custody of your children.

You are in a same-sex relationship. You are not married. How do you convince the judge to recognize a relationship between you and your child? Work with your lawyer. Your lawyer can use an aspect of law called the equitable parent doctrine.

The equitable-parent doctrine is referred to as a principle in family law. It applies to a spouse who is not the child’s biological parent. It enables a spouse to be regarded as the child’s natural father or mother in a divorce proceeding. Certain conditions are satisfied to make this possible:

[ a ]  The spouse who is not biologically related is asking for parental rights.

[ b ]  The spouse not biologically related accepts the burden of making support payments.

Only a small number of jurisdictions use this doctrine. It can also be used in cases involving non-spousal partners.

Same-sex couples and children.

Sperm donors can be used by same-sex couples to aid in conception. To qualify as parents under the law, the child must be born during the marriage. Go above and beyond in a stepparent adoption. Your parental rights as adoptive parents will be upheld as non-biological ones. State laws refer to stepparent adoption as a confirmatory adoption. As a result of your marriage, confirmatory adoption declares you as adoptive parents. You have been granted full parental rights. Even without a stepparent adoption, the non-biological mother is nonetheless a legal parent. The child’s biological mother can still make a claim. A biological mother can say she always intended to be the child’s sole legal parent. You can work with your lawyer to use a particular legal doctrine. Use this doctrine to convince the judge that you are the parent in this situation. Use this doctrine if you are a non-biological mother. One example we mentioned above is the equitable parent doctrine.

A married couple can choose to use a known sperm donor rather than an anonymous one. If you went through a sperm bank you can run into another problem. A recognized donor could start legal actions to establish paternity custody. That donor can also invoke parenting time rights. If a donor contract exists, the legal parents may need help enforcing it.

Children born to same-sex couples who used a sperm donor before getting married.

A sperm donor can help a female married couple conceive a child before marriage. Via second-parent adoption, they could establish the parental rights of a non-biological mother. Or maybe they got her rights established after their marriage. This is done by getting a stepparent adoption. In both situations, parental rights are safeguarded. Without adoption by a second or stepparent, the child’s non-biological mother does not have parental rights. If you are going through a divorce, mediation may be able to help you decide on custody and parenting time.

Same-sex couples’ children are conceived through surrogate moms.

A same-sex couple can use a surrogate to have a baby while they were still dating. The non-biological parents must complete the adoption to become legally recognized parents. Adoption safeguards the parental rights of a non-biological father. Before the adoption, the surrogate’s paternal rights must have been renounced. The surrogate can be married. The surrogate’s spouse’s parental rights should have been renounced as well.

Adoption of a child not related to the couple biologically.

You adopted a child while you were still married. The question of paternity won’t come up between same-sex partners. You ought to have finished the adoption of a single parent. To get parental rights after marriage, you must complete a stepparent adoption. You lack parental rights if there is no stepparent adoption. Use mediation to try and settle on a custody and parenting time schedule if you are going through a divorce.

We should be grateful for the rights and acceptance same-sex couples have attained. A gift from a wiser court. A gift from their wisdom. We must keep in mind that this is not yet an amendment to the Constitution. Future same-sex marriage cases may be interpreted differently. It can be a different court from a different generation. Understand the subtleties of same-sex marriage and divorce. Speak with an attorney for the time being. Be informed and conscious about the challenges of same-sex divorce.

Is property division different in same-sex divorce?

Same-sex relationships and heterosexual marriages are subject to the same property division statutes. The judge does not always divide assets and debts in half when distributing the marital property fairly among the spouses. Then, exactly how is property divided in Michigan?

Couples may not be able to come to an amicable agreement beforehand. The judge will take into account some considerations, including:

[ a ]  the length of the marriage;

[ b ]  how each spouse has contributed to the value of the property;

[ c ]  the requirements of all parties, including children;

[ d ]  the earning potential of spouses;

[ e ]  the reasons why the marriages ended;

[ f ]  the ages and health of the parties;

[ g ]  other considerations.

A spouse may have made contributions raising the value of a separate property. Unless this is the case the property remains with the original owner. (Section 552.401 of M.C.L.).

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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.