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 Michigan, 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 assets, determining alimony, and other aspects of divorce are the same regardless of the gender of the spouses. 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 did not have the biological father relinquish his parental rights, the non-biological parent may face difficulties in asserting custody rights. Michigan law recognizes the legal presumption that the spouse of the birth mother is the other legal parent, but this can be contested, especially if the biological father's rights have not been terminated. Therefore, same-sex couples with children may need to navigate more complex legal territory when it comes to custody and parental rights during a divorce.