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 Kentucky, following the Supreme Court's decision in Obergefell v. Hodges, same-sex couples have the same rights and responsibilities regarding marriage and divorce as opposite-sex couples. This means that the legal process for dissolving a marriage, dividing assets, and determining alimony is the same regardless of the gender of the spouses. However, same-sex couples may face additional challenges in matters of child custody, particularly when one spouse is the biological parent and the other is not. If the non-biological parent has not legally adopted the child, and the biological father (who did not terminate his parental rights) seeks custody, the situation can become complex. Kentucky law will consider the best interests of the child, but the legal standing of a non-biological, non-adoptive parent in a same-sex relationship may not be as clear-cut as for a biological parent, potentially leading to legal complications in the custody determination.