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 North Dakota, following the Supreme Court's decision in Obergefell v. Hodges, same-sex couples have the same legal rights and processes for divorce as opposite-sex couples. This means that the state's divorce laws apply equally regardless of the gender of the spouses. However, same-sex couples may face additional challenges, particularly concerning child custody issues. 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 extra legal steps to secure parental rights. This could include adoption or other legal agreements. If the biological father of the child did not relinquish his parental rights and later seeks custody, this could complicate the divorce proceedings. It is important for same-sex couples to ensure that both spouses have their parental rights legally recognized to avoid such complications. An attorney specializing in family law can provide guidance specific to the circumstances of the couple involved.