Same Sex Marriage and Divorce

On June 25, 2014, Indiana’s ban on same sex marriage was determined to be unconstitutional by a U.S. federal court. The effect on Indiana families was immediate. Same sex couples who desire to tie the knot are now able to obtain a marriage license from their local county clerk office. This creates a potential need for legal assistance as couples contemplate marriage. Same sex couples – much like heterosexual couples – are well advised to consider a premarital agreement (also called a prenuptial agreement). A premarital agreement sets an expectation for each spouse regarding ownership of property and handling of debts if the marriage ends or one party dies.

Same sex couples married in Indiana or in another state may face the need to end their marriage. Divorce for same sex couples will follow the same rules and legal procedures as all other divorces in Indiana. Now that the same statutes apply, it is wise to discuss legal options with an experienced family law attorney to learn both parties’ rights and responsibilities related to property, debt and children.

The attorneys at Wanzer Edwards stand ready to assist all families with their family law needs. Same sex couples and heterosexual couples have choices about the type of divorce they want to pursue. Wanzer Edwards offers mediation, collaborative law, parenting coordination and a wide menu of family law services.