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.
Blog post by Tatyana Ustimchuk. Learn more about Tatyana.
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