Janet L. Goehle, Attorney at Law
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Minnesota avoiding same-sex marriage hurdles

As same-sex marriage laws change by the day, novel issues regarding same-sex divorce and same-sex child custody grow more and more prevalent. The truth is, anytime a law is changed or a new law is passed, there are unforeseen consequences that are not addressed. This is the case for hundreds of same-sex married couples seeking divorce in states, which do not recognize their marriage, unlike Minnesota.

Minnesota, though, recognized same-sex marriage, and has relaxed residency requirements. As a result, Minnesota will grant an uncontested divorce. It is a verifiable walk in the park, compared to other states still struggling with the ambiguities in their statutory code. While the issue of same-sex divorce may seem simple here in the land of 10,000 lakes, it carries the same pitfalls as a divorce between a man and a woman.

When a couple splits there are hundreds of affairs, which need to be wrapped up. The biggest among them is child custody, parenting time issues and property division. Depending on how the process is administered, one spouse could find themselves extremely prejudiced when it comes to spending time with their kids or even having enough funds for retirement.

Given the stakes, prospective divorcees are encouraged to reach out to a local St. Paul area family law expert. These professionals can walk you through the ins and outs of custody, parenting time, property settlements and spousal support. Their expert guidance will ensure the best possible outcome is achieved during the divorce. While the actual dissolution of marriage is a simple formality, the complex details of a split are anything but. Therefore, a helping hand is a must.

Source: ABA Journal, "Same-sex spouses face extra legal hurdles in divorces and custody matters," Terry Carter, Sept. 30, 2014

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