With same-sex marriages formally recognized in Indiana, all couples considering divorce must meet the criterion for dissolution of marriage as set out by the Indiana Rules of Court. Divorce is one of the most difficult relationship transitions any couple will go through and every situation is different with unique circumstances involved in their particular relationship. However, whether you are in a same sex partnership or a heterosexual relationship, you will need to make many emotionally charged decisions.
Decisions with regards to division of property and spousal support are difficult for every couple, however, for same sex couples, these decisions can be more involved. There are fewer precedents to follow and, depending on your situation, you may find yourself in unchartered waters. If there are children in the family, adopted or otherwise, you will have to reach a child custody resolution in the best interests of the child. Additional issues such as tax filing and residency requirements are also a more difficult consideration for same sex couples.
For anyone ending a domestic partnership or marriage, divorce or dissolution of marriage can be a relatively straightforward process or it can take years to complete, it depends on your circumstances. Seeking independent legal counsel in the early stages can tremendously help both parties work through the additional issues same sex couples face. They can contribute to settling child custody disputes, establish child support amounts according to the Child Support Rules and Guidelines and even help with co-parenting arrangements.
If you are in a non-traditional marriage or domestic partnership and your relationship is going through a complicated transition such as a divorce, consulting an attorney experienced with same-sex partnership issues will help alleviate any concerns and work to help you reach a positive resolution.