Difference between opposite-sex and same-sex divorce law

Difference between opposite-sex and same-sex divorce law

Based on American Community Survey (ACS) data dating back to 2005, the U.S. Census Bureau releases an annual table package on the characteristics of same-sex partner households every year. The majority of the estimations in this table package are, however, at the national level.

No matter the type of marriage you are in, divorce is difficult. However, because of the aforementioned issues, it is frequently more difficult for same-sex couples. These couples must have competent legal counsel and representation. Don’t wait to seek the legal assistance you require from an accomplished same-sex divorce lawyer if you are going through a same-sex divorce.

Adultery cannot be cited as grounds for a same-sex divorce, which is the primary distinction between same-sex divorces and heterosexual divorces. This is because adultery under existing legislation is defined as “your husband or wife having sexual relations with someone else of the opposite sex.”

US Supreme Court Decision on Same-Sex Marriage

In the case Obergefell v. Hodges, the U.S. Supreme Court overturned all state prohibitions against same-sex marriage, made it lawful in all fifty states, and demanded that states recognise out-of-state same-sex marriage licenses on June 26, 2015. The majority opinion was written by Justice Anthony Kennedy, who is regarded as the case’s crucial swing vote. Justices Antonin Scalia, Clarence Thomas, Samuel Alito, and Chief Justice John Roberts all expressed their disagreement with the decision in their own dissenting views.

Regarding same-sex couples in the case, Kennedy stated, “They beg for equal dignity in the eyes of the law.” “That right is theirs under the Constitution.”According to Nina Totenberg of NPR, who compared the decision to other famous rulings, “This is definitely right up there with Brown v. Board of Education and Roe v.

The legal definition of same-sex marriage is the same as that of opposite-sex marriage. When a relationship ends, either partner may request a divorce on the grounds that the union has irretrievably fallen apart. The applicant must demonstrate the following in order to demonstrate this, irrational behaviour, a two-year absence, two years of divorce (and the other party consents to the divorce), a five-year break (no consent required).

The fundamental distinction between a same-sex divorce and an opposite-sex divorce is that only four, as opposed to five, facts may be used by a same-sex couple to support their divorce request. This is so because the legal definition of “adultery” includes having heterosexual sex.

Whether you are a same-sex couple or an opposite-sex pair, the divorce procedure is the same for both. The couple must have been married for at least a year in order to begin proceedings, and one spouse must submit a divorce petition online through the divorce portal.

Ground for Divorce in Same-Sex as Well As Opposite Sex

Many American communities support a more progressive lifestyle that includes shattering the constraints of traditional gender roles. This is clear in relationships that involve just people of the same sex. Since employment cannot be split according to established gender roles, these unions are frequently more egalitarian than regular opposite-sex marriages.

This, however, is not the secret to a marriage that will survive forever. Same-sex couples and LGBTQ couples both undergo divorce. Even though they frequently claim to be in happier relationships, some of their marriages still break up. However, their divorces can differ greatly from those of heterosexual couples on some grounds only and in most cases, it was noticed to be the same legal process and procedure as that of opposite sex couple divorce.

There has been a lot of discussions recently concerning the prospect of changing the legislation to remove the requirement of alleging “fault” before a divorce may be granted. The law is the same for weddings between people of the same sex as it is for those of other sexes.

The legal basis for divorce under current law

Recall that under current legislation, a divorce can only be granted if the court determines that the marriage has “irretrievably broken down.”

One of five distinct grounds the following must be used to demonstrate that a marriage has achieved that state:

  • Sexual dysfunction
  • Adultery
  • shocking harshness
  • Activated Desertion
  • continued intoxication
  • Use of Opium, Morphine, or Chloral Neglect in a Habitual, Excessive, or Temperate Manner or Any Other Gross Misconduct and Wickedness

Consequences for same-sex couples

In America, same-sex marriages have been permitted for more than five years. Same-sex relationships are legal to marry, which also makes them legal to divorce. Even though same-sex divorce is subject to the same general laws, there are a few extra issues that might arise. Read on for a comparison of same-sex divorce and heterosexual divorce in Texas, and contact an experienced Houston divorce attorney for assistance with a Texas family law issue.

Sexual intimacy between two persons of the same sex is not “adultery” for the purposes of seeking a divorce if one of those people is in a same-sex marriage since adultery can only be grounds for divorce when there has been sexual intercourse between two people of the opposite sex.

It may seem strange that having sex with a person of the opposing sex who is not their husband would qualify as adultery under the law and give rise to a divorce if one of the two people in a same-sex marriage did so.

Is there exist a substitute under the current legislation?

While adultery is not a basis for divorce in this situation, it is likely that the aggrieved party could do so on one of the other grounds for divorce, such as unreasonable behaviour, if the marriage of a same-sex couple dissolves as a direct result of sexual intimacy between one of the parties to that marriage and another person of the same sex (see above).

Homosexual couples have advantages according to LGBT family law, but what happens in a gay divorce? On the one hand, there are claims that gay couples experience greater levels of intimacy and happiness, which lowers the divorce rate between same-sex couples compared to opposite-sex couples. Studies reveal that while gay couples tend to be “happier,” they also have a high risk of divorce. According to the data, there are more divorces in gay couples as a result of outside factors such as social pressure from the community, children, income, and family obligations.


Nearly 50,000 of the 64,000 gay couples in the US were married, according to a UCLA survey. Comparatively speaking to the total number of heterosexual marriages, that is a rather high percentage. According to the same study, “first-wave gay marriages have proven to be more enduring than straight ones, which are not anticipated to continue.” Why does that matter?

No matter what legal issue you are facing, including same-sex divorce proceedings, the assistance and guidance from a same-sex divorce lawyer can play a very positive role in getting success and winning your case. The greatest approach to evaluating an attorney’s experience, style, and the price is through a free consultation with no commitment. When it comes to evaluating soft skills like communication and manners.

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