The one possible downside to marriage equality? Same-sex divorce. Unfortunately, this version of dissolution can prove far more complicated than heterosexual divorce, in part because many same-sex couples lived together long before they married. Read on to learn more about same-sex divorce in Minnesota:
Minnesota and Same-Sex Marriage
Minnesota legalized same-sex marriage before the Supreme Court’s landmark decision. Voters rejected a state-based constitutional amendment to ban same-sex marriage in 2012. Just a few months later, Minnesota legislature passed a hallmark same-sex marriage bill. Federal legalization followed two years later, with the Supreme Court ruling previous bans unconstitutional.
Filing For Divorce
In Minnesota, same-sex couples face the same filing requirements as other spouses. One partner must reside in the state for at least 180 days before filing. Couples married in other states or nations with legal same-sex marriage can divorce upon meeting Minnesota’s minimum residency requirement. In fact, the state’s very first divorce involved a couple originally wed in Canada.
Many same-sex spouses lived much like married couples long before they officially tied the knot. Unfortunately, for purposes of property division, the official marital relationship does not begin until the legalization of marriage. Thus, even if you lived like a married couple for two decades, state law only recognizes joint property extending back to 2013.
Minnesota is an equitable distribution state. This means that property is divided in an equitable (or fair) matter, as opposed to equally between spouses. This classification grants a modicum of flexibility in same-sex property division. However, many couples find it easier to divide their assets via mediation, as this allows for creative solutions not often pursued in court.
Custody and Visitation
Minnesota allows same-sex couples to petition for adoption. Those with children face the same custody and visitation concerns as their heterosexual peers. Custody disputes may be complicated by second-parent adoption arrangements, which were common for gay and lesbian couples prior to 2013.
The law firm of Barna, Guzy & Steffen, Ltd. offers a variety of essential same-sex divorce services for Minnesota residents. Call today to schedule a case consultation.