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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 Utah, 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 property, 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 have legally adopted the child to have the same parental rights. If the biological father of the child did not relinquish his parental rights and later seeks custody, this could complicate the situation. It's important for same-sex couples to ensure that both spouses have secured their parental rights, either through adoption or other legal means, to avoid such complications in the event of a divorce.

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Divorce

same-sex divorce

Individual & Family Legal Plan

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Utah State Code

Utah State Code

Divorce

same-sex divorce

Articles