Navigating Legal Matters as a Same-Sex Couple in Murfreesboro, TN
10 May 2023IN: Family Law
Same-sex marriages have been legal in all states since 2015. That was when the United States Supreme Court reversed all bans on same-sex marriages.
This was an exciting time for same-sex couples, as they could now marry. Before long, couples were getting divorced. Then they had concerns about child custody, child support, and alimony.
Navigating the family law matters involved with same-sex couples can be confusing. This is especially true since these couples cannot conceive children naturally. They often rely on methods such as adoption, donor insemination, surrogacy, and intrauterine insemination, all of which can complicate things when it comes to child custody and child support.
There’s one main thing you need to know: all properly married couples, whether same-sex or opposite-sex, are to be treated equally under the law. However, there may be some confusion. Do same-sex couples have the same legal rights as heterosexual ones? Yes, if the marriage is officially recognized.
What this means is that the residency requirements have been met, and the couple has obtained a marriage license. The residency requirements for Tennessee are six months, with the intent to stay in the state.
An officially recognized marriage is also subject to Tennessee’s divorce statutes, whether it is same-sex or heterosexual. This means that elements such as division of property, child and spousal support, and child custody apply. However, the state of Tennessee does not allow common-law marriages. Therefore, if a couple lives together and claims that qualifies as a marriage without getting officially married, then the relationship does not meet the threshold for official marriage and divorce recognition. However, Tennessee will recognize a common-law marriage that became recognized while the parties were living in another state that recognized common-law marriage.
One of the biggest issues in a same-sex divorce is whether the couple lived together prior to being officially married. This is often an issue since same-sex marriage was not legalized in Tennessee until 2015. Many couples resided together for decades before that, and this could affect the division of property and other issues. It tasks the court with deciding whether an asset is separate or marital property.
Alimony will only be affected by the length of time a same-sex couple was actually married and will not consider the time they lived together prior to marriage.
Contact a Same Sex Couples Family Law Attorney in Murfreesboro TN Today
All couples face the same issues. It doesn’t matter if a couple is same-sex or opposite-sex — issues such as divorce, child custody, child support, and alimony still apply.
You may be confused about the laws, but they are pretty much the same, no matter what gender your partner is. A Tennessee family law attorney from The Law Office of David L. Scott can explain the process and help you resolve your family law issues with ease. Schedule a consultation by filling out the online form or calling (615) 896-7656.