Rights in a same-sex divorce

On June 26, 2015, the U.S. Supreme Court ruled in Obergefell v. Hodges that marriage is a fundamental right guaranteed by the Fourteenth Amendment and must therefore be afforded to same-sex couples. Consequently, all state laws banning same-sex marriage were overruled by the Court’s decision. The Obergefell ruling had an important impact on many areas of law, especially family law. Unlike the pre-Obergefell era, same-sex married couples are now able to file for and obtain a divorce anywhere in the country, so long as all jurisdictional requirements are met.

In South Carolina, this means that same-sex couples seeking a divorce are entitled to the same considerations and protections afforded to parties in an opposite-sex marriage. Parties to a same-sex marriage have the right to divide the marital estate pursuant to the laws and caselaw surrounding equitable division, as well as the ability to ensure future financial stability, post-divorce, through alimony. Additionally, parties to a same-sex marriage are able to protect their rights as parents through child custody and support laws.    

We realize that divorce is hard process, and we are here to help. Call us at 864.585.5100, email us or message us on Facebook @spartanlawfirm.

Tatyana S. Ustimchuk
Attorney Tatyana S. Ustimchuk

Blog post by Tatyana Ustimchuk. Learn more about Tatyana.

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