Navigating the Unique Challenges of LGBTQ Divorce in Ohio

LGBTQ Divorce in Ohio

Why Collaborative Divorce Can Benefit LGBTQ Couples

In recognition of June being Gay Pride month, I believe it is worthwhile to share this blog about some of the unique issues that LGBTQ individuals face when ending a marriage, and also to express why taking a collaborative approach is recommended.

Ending a marriage is never easy, but LGBTQ divorce in Ohio can involve additional legal and emotional complexities that many opposite-sex couples do not face. Although same-sex marriage has been recognized nationwide since Obergefell v. Hodges (2015), many LGBTQ spouses built long-term relationships before they were legally permitted to marry. The gap between lived reality and legal recognition has lasting impacts on how Ohio courts handle property division, spousal support, and parental rights in LGBTQ divorces.

1. Legal Recognition and the Length of Marriage in LGBTQ Divorce in Ohio

One of the most important issues in LGBTQ divorce in Ohio is determining how courts evaluate the length of a marriage when a couple shared a life together before same-sex marriage became legally recognized.… View Full Article → “Navigating the Unique Challenges of LGBTQ Divorce in Ohio”

In Divorce Actions of Same-Sex Couples, Do Courts Typically View the Length of the Marriage to Have Started at the Date of Cohabitation or the Later Date of Their Marriage?

chart showing how courts decide same-sex divorce marriage start date

Why the Marriage Start Date Matters in Same-Sex Divorce Cases

In divorce actions involving same-sex couples, one key issue is how courts determine the same-sex divorce marriage start date – whether it begins at cohabitation or the official legal marriage. In 2015, the Supreme Court decided in Obergefell v. Hodges all same-sex couples in the United States have the constitutional right to marry. The case arose from challenges to Michigan, Kentucky, Ohio, and Tennessee laws that banned same-sex marriages and the recognition of legal same-sex marriages that were performed in other states. Click here to read more from our previous blog article.

The Court focused on whether the Constitution’s Fourteenth Amendment requires states to give marriage licenses between same-sex couples and if the Constitution requires states to recognize legally obtained marriage licenses from other states.

The Court held that the right to marry is a “fundamental right” that is “inherent in the liberty” of a person under the Equal Protection Clause of the Fourteenth Amendment, making it unconstitutional for courts to deny same-sex couples the right to marry or recognize marriages performed in other states.… View Full Article → “In Divorce Actions of Same-Sex Couples, Do Courts Typically View the Length of the Marriage to Have Started at the Date of Cohabitation or the Later Date of Their Marriage?”