How Does Mediation Work For Same-Sex Couples Going Through Divorce or Separation?

If you are a same-sex couple going through a divorce or separation, you may wonder about the process. For example, can you still go through mediation?

The good news is that family law has evolved significantly in the past few decades. Still, same-sex couples face unique challenges, and they need to ensure their legal rights and the welfare of their children are protected.

Mediation can help in this regard. All couples can use mediation, whether they are in a same-sex marriage or a heterosexual one. In fact, for contested divorces in Tennessee, mediation is required as a first step in the process. The courts will require a divorcing couple to go through the mediation process before a hearing will be scheduled.

Mediation can be a good thing for same-sex couples. Mediation is far more flexible than the court system, as it does not rely on years of case and statutory law that primarily applies to heterosexual divorce. This means that mediation can facilitate settlements that are much fairer for same-sex couples.

Another thing to consider is that mediation insulates same-sex couples from judges and juries who may discriminate against them based on their sexuality. Support for same-sex marriage has almost doubled between 2004 and 2019, from 31% to 61%. Still, there are many who strongly oppose it, particularly older Americans and those who are devoutly religious.

A mediator familiar with LGBTQ+ legal issues can help navigate these complexities. Here is a look at the process.

Initial Consultation

The mediator meets with both spouses to explain the process, establish ground rules, and identify key issues to be resolved. Each spouse can express their concerns and goals.

Information Gathering

Both parties provide financial documents, property details, and, if applicable, information related to child custody. This step ensures transparency and helps the mediator guide the discussion effectively.

Issue Resolution

Through guided discussions, the couple works through issues such as:

• Property division. Ensuring fair distribution of assets and debts, especially in cases where assets were acquired before same-sex marriage was legalized.
• Spousal support. Determining if one spouse needs financial support and for how long.
• Child custody and parenting plans. Addressing legal and physical custody, visitation rights, and parental responsibilities, especially if one parent is not the biological or adoptive parent.
• Other considerations. Health insurance, retirement accounts, and tax implications are also discussed.

Drafting the Agreement

Once an agreement is reached, the mediator drafts a settlement document outlining the terms. The spouses can review it with their attorneys before finalizing it.

Court Approval

The finalized agreement is submitted to the court for approval, ensuring it meets legal requirements. Once approved, it becomes legally binding.

Contact Us Today

Divorce is difficult, but for same-sex couples, it can seem even more difficult. Same-sex couples face a lot of challenges in the legal system. Many fear that the laws will discriminate against them.

Mediation can assist you with your divorce or separation, regardless of your sexual orientation. A Tennessee mediation lawyer from The Law Office of David L. Scott has experience helping couples navigate these roadblocks so they can move on to the next chapters of their lives. To schedule a consultation, call (615) 896-7656 or fill out the online form.