Following the United States Supreme Court’s decision in Obergefell v. Hodges, 576 U.S. 644 (2015), there is no real difference in the divorce process for same-sex couples and opposite-sex couples. But same-sex couples may encounter some additional complications in the divorce process regarding issues such as child custody if, for example, one of the same-sex spouses was the biological mother and the biological father did not agree in writing to terminate his parental rights, and later seeks custody of the child.
In Connecticut, following the Supreme Court's decision in Obergefell v. Hodges, same-sex couples have the same rights and obligations as opposite-sex couples in the divorce process. This means that the legal procedures for dissolving a marriage, dividing property, and determining alimony are the same. However, same-sex couples may face additional challenges, particularly concerning child custody. If a child was born to one spouse during the marriage, and the other spouse is not a biological parent who did not legally adopt the child or the biological father did not relinquish his parental rights, the non-biological parent may encounter difficulties in asserting custody rights. Connecticut law does provide for the recognition of parental rights through means other than biology, such as through adoption, but the specifics of each case can vary, and it is advisable for individuals in such situations to consult with an attorney to understand their rights and obligations fully.