Although many states do not recognize the union of two individuals of the same sex into a marriage, many such couples do exist, and depending on their state and local jurisdiction, they can file for benefits for domestic partners, civil unions or possibly even get married. Also, such couples still require judicial input if they are to split up, and do not have clear guidelines to divide their assets. As such, an attorney will be of great value, as he/she will use legal concepts and reasoning that is likely to persuade a judge of considering your needs.
Some of the assets that might be split up in the proceedings
Refinement of the law through legal precedent will allow more couples to determine going about splitting up their assets. The following properties are typically considered to be marital properties in divorce cases, and a judge presides over the distribution of such items:
- Residential properties and land
- Pensions, retirement accounts, or other savings accounts on which both individuals were depending
- Valuable collections and equipment
- Insurance policies
It is advisable for you to speak with an attorney before entering into any agreements. A court might look at the following needs to determine appropriate separation agreements:
- Resolution of debts jointly undertaken by the couple
- Custody of children
- Age, occupation and earning capacity of each individual
- Tax consequences of property arrangements
As you can see, these issues are relatively new, and certainly require strong representation to ensure that your rights are safeguarded and that your needs are met. An attorney will discuss your goals, review your financial situation, analyze any tax statements, account information and business documents to help you determine a way to meet your goals.
An experienced Same Sex Divorce attorney of Eric N. Klein & Associates will help you categorize your contributions to the relationship, ascertain the value of your contributions, and help you seek the maximum amount you will need after your separation.
James Witherspoon
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