Select your state

Divorce

same-sex divorce

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 Delaware, following the Supreme Court's decision in Obergefell v. Hodges, same-sex couples have the same rights and processes for divorce as opposite-sex couples. This means that the legal procedures for dissolving a marriage, dividing assets, 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, the non-biological parent may need to take legal steps to establish parental rights. If the biological father of the child did not relinquish his parental rights, he might seek custody, which can complicate the situation. In such cases, it is crucial for non-biological parents to have legally adopted the child to secure their parental rights. An attorney can provide guidance on how to navigate these complexities during the divorce process.

Legal Articles

State Statutes

Individual & Family Legal Plan

As a LegalFix member, you'll get expert legal services from a local law firm that treats you like an important client. Don't wait—be prepared for life's inevitable legal challenges starting today. And ask your employer, credit union, or membership group about preferred pricing opportunities.

Divorce

same-sex divorce

Individual & Family Legal Plan

Articles

Delaware State Code

Delaware State Code

Divorce

same-sex divorce

Articles