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 New York, 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 obtaining a divorce, including the distribution of marital property, spousal support, and the determination of child support and custody, is 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 into a same-sex marriage, and one spouse is the biological parent while the other is not, the non-biological parent's rights may be less clear-cut, especially if the biological father was not a party to the marriage and did not relinquish his parental rights. In such cases, the non-biological parent may need to take extra legal steps to establish parental rights, such as adoption, to ensure custody and visitation rights are recognized. It is advisable for individuals in such situations to consult with an attorney who is experienced in family law and the specific challenges faced by same-sex couples.