As LGBTQ+ rights become more widely recognized across the United States, many individuals have questions about the legal status of their marriages. Specifically, many same-sex couples wonder if they have the same legal rights regarding divorce as opposite-sex couples. Here, we’ll explore the legal ins and outs of same-sex divorce in Indiana.
Same-Sex Marriage In Indiana
Indiana began recognizing same-sex marriages in October 2014, following the Supreme Court decision in Obergefell v. Hodges. This decision legalized same-sex marriage across the United States, overturning state bans and recognizing the right of same-sex couples to marry and divorce.
Requirements for Divorce In Indiana
Regardless of the genders of the parties involved, all divorces in Indiana must meet certain requirements. First, at least one party must have been a resident of the state for at least six months prior to filing for divorce. Second, the marriage must be "irretrievably broken," meaning that there is no chance of reconciliation.
Dividing Marital Property
Indiana is considered an "equitable distribution" state, meaning that in a divorce, marital property is divided in a way that the court deems fair. This may not necessarily mean a 50/50 split, but instead takes into account factors such as the length of the marriage, each party’s earning ability, and other relevant factors.
Same-Sex Divorce Proceedings
In Indiana, the process for same-sex divorce is the same as for opposite-sex divorce. The parties involved must file a petition for divorce with the appropriate court. From there, the parties may work together to reach an agreement on how to divide assets and debts, or alternatively, may request that the court intervene and make those decisions on their behalf.
Potential Obstacles
In some cases, same-sex couples may face additional challenges when it comes to divorce. For example, if a couple was married in a state that does not recognize same-sex marriage, they may face complications in seeking a divorce in Indiana. Additionally, if the couple has children, issues related to child custody and visitation may be more difficult to navigate.
Conclusion
Ultimately, same-sex couples who wish to divorce in Indiana have the same rights as opposite-sex couples, including the right to seek a fair division of marital property and the right to have the court intervene if necessary. However, individuals in these relationships may face unique challenges during the divorce process. If you have questions about your rights as a same-sex spouse in Indiana, it may be helpful to consult with an experienced family law attorney who can help guide you through the legal process.