Indiana has witnessed a steady rise in the number of LGBT couples seeking divorce. While divorce is inevitably daunting and emotionally taxing for any couple, LGBT couples encounter distinct challenges that are vastly different from those faced by heterosexual couples. In this article, we will explore the hurdles that LGBT couples in Indiana may encounter during the divorce process, as well as potential solutions for them.
Understanding Indiana’s Marriage and Divorce Laws
In Indiana, same-sex marriage is recognized and regulated just like opposite-sex marriage, thanks to the landmark ruling in Obergefell v. Hodges in 2015. Consequently, same-sex couples possess identical legal rights to those of heterosexual couples in the state. Despite this progress, same-sex couples may confront additional obstacles due to their historical legal union status prior to the landmark ruling. Some couples had previously entered into civil unions or domestic partnerships, which may not have been recognized within the state of Indiana.
Challenges Faced by LGBT Couples during the Divorce Process in Indiana
Numerous challenges arise specifically for same-sex couples during the divorce process in Indiana. Let’s explore a few of them:
Residency Requirements
To file for divorce in Indiana, at least one party must have been a resident of the state for a minimum of six months. If the couple got married in another state, one of the parties must have been a resident of that state at the time of the marriage. Failure to fulfill these residency requirements could result in the court lacking jurisdiction over the divorce case, potentially necessitating the couple to file for divorce in a different state.
Complex Property Division
Indiana operates under an equitable distribution system, where the court divides marital property based on what it deems to be fair and just, irrespective of whose name appears on the title or deed. Nevertheless, same-sex couples often face additional complexities in property division as a result of the unique nature of their relationships. For instance, contrasting legal ownership and titling of property between same-sex and opposite-sex couples can create challenges when determining rightful ownership and appropriate division.
Navigating Child Custody and Support
When children are involved, determining child custody and support becomes one of the most contentious aspects of the divorce process. In Indiana, the court prioritizes the best interests of the child when determining custody, regardless of the parents’ gender or sexual orientation. However, same-sex couples may face additional complexities in establishing custody if one or both parents lack a biological relationship with the child. Consequently, resolving these intricate legal matters often necessitates the guidance of a skilled family law attorney.
Persistence of Social Stigma
Regrettably, LGBT couples in Indiana may still encounter social stigma and discrimination throughout the divorce process. Disapproval from family members, friends, and even strangers may amplify the stress and emotional turmoil already associated with divorce.
Effective Solutions for LGBT Couples in Indiana Going through Divorce
Fortunately, there are several measures that LGBT couples can adopt to make the divorce process more seamless and less stressful:
Seek an Experienced Attorney
Choosing an attorney well-versed in the unique challenges faced by LGBT couples during divorce is crucial. A knowledgeable family law attorney can proficiently guide couples through the complex legal intricacies that arise during the divorce process.
Embrace Collaborative Divorce
Collaborative divorce offers an alternative method for resolving divorce issues outside the courtroom. Both parties, along with their respective attorneys, commit to working together to reach a mutually agreeable settlement. Collaborative divorce is often less expensive, less time-consuming, and fosters a more amicable separation.
Prioritize Counseling and Support
The emotional toll of divorce can be immense. Seeking counseling or support from mental health professionals or support groups can prove immensely beneficial. Establishing a supportive community of friends and family who can offer guidance and assistance during this challenging period can also prove instrumental.
Conclusion
LGBT couples going through divorce in Indiana face unique challenges. However, solutions exist to alleviate the process’s difficulties and minimize stress. By selecting an experienced attorney, considering alternative options like collaborative divorce, and seeking counseling and support, couples can navigate the divorce journey and emerge stronger on the other side. While divorce is undoubtedly taxing, the right support network and guidance can empower couples to embrace a brighter future.