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Important considerations for LGBT divorce

In 2015, many New Yorkers celebrated the landmark decision to legalize same-sex marriages. However, like any other marriages, many of these ended in divorce. This is about where the similarity ends as LGBT divorcees face unique problems that others do not.

According to Forbes, one of the main problems is deciding how to split the property. This may sound like any other divorce problem, but this is actually what makes LGBT cases so unique. Here’s why. There were many couples living together monogamously for decades like married couples, but without the paperwork. In these instances, couples may have bought property together or have other entangled assets, such as those related to retirement plans. This makes separation a lot more complicated.

One definitely unique problem is the legal status of the relationship. Before marriage was allowed between same-sex couples, many filed for domestic partnerships. In some states, these partnerships automatically received marriage status. Because of this, separation may require dissolving not just the marriage but the partnership as well.

There may also be the question of children. If the children are adopted, did both parents follow through on the adoption process? If the children are the biological offspring of only one party, did the other person file for adoption. The answers to these questions have a strong impact on how custodial rights may be granted.

One financial planner explains on Money.com that the best time to hash these problems out is at the beginning of the marriage via a prenuptial agreement. While this advice may be too little too late for those already facing divorce, it is a worthy point to consider for the next time around and to pass on to LGBT friends.

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