What’s Different About a Same-Sex Divorce in Washington?

Same-sex couples are afforded the same legal rights as heterosexual couples in Washington. They are allowed to legally marry using the same legal processes as everyone else, and the same is true if they choose to get divorced. However, in a same-sex divorce, there are certain unique considerations and complexities that can arise that heterosexual couples simply do not have to deal with. You may wonder what’s different about a same-sex divorce in Washington.

If you are a member of the LGBTQ+ community and wish to pursue a divorce, you should hire a divorce lawyer who can oversee your divorce case and help you navigate Washington’s divorce laws, particularly the ones that apply to your case. A Benton County divorce attorney can provide you with clarity, be honest about what you can expect, and prevent your spouse from trying to take advantage of you. Our firm knows what kind of help you’ll need during this ordeal.

Same-Sex Divorce in Washington

Same-sex marriage is completely legal and fully recognized in Washington and has been for over a decade. A recent poll from the Washington State LGBTQ Commission revealed that 27.8% of polled individuals say they have personally benefited from the state’s legal protections regarding marriage for LGBTQ+ individuals. Since same-sex marriage is fully recognized, the same is true for same-sex divorce, which is treated identically to opposite-sex divorce in the state.

Washington has a moderate divorce rate of 2.7 per 1,000 people, including same-sex divorces, and a high marriage rate of 50.3%. Washington is a no-fault divorce state, which means neither spouse is legally required to have a reason for wanting a divorce. The marriage is viewed as irretrievably broken. A same-sex couple pursuing a divorce needs to consider the same factors as an opposite-sex couple, including property division, spousal support, and custody arrangements.

What’s Different About Same-Sex Divorce in Washington

It’s important to keep in mind that while a same-sex divorce goes through the same legalities as an opposite-sex divorce in Washington, same-sex couples may have to face unique difficulties due to their sexual orientation. Many of these difficulties are practical, while others may stem from historical biases and prejudices. Still, it’s important to know what you may be up against. Here are some of the difficulties that same-sex couples may have to face in a divorce:

• Parentage. A custody battle can be overwhelming and complicated regardless of sexual orientation, but same-sex couples may have to deal with additional complexities if one partner is a non-biological or non-adoptive parent. Washington courts prioritize the welfare of the child above all else, and establishing parentage for both parents is crucial to working out a custody arrangement.
• Marital assets. As a community property state, Washington recognizes that all assets and debts accumulated during the marriage are subject to division because they are presumed to be jointly owned. Same-sex marriage was only legalized in Washington in 2012. Couples who have been together before they could legally marry may have commingled finances and shared property that can complicate asset division.
• Spousal support. When calculating potential spousal support, the court looks at the total length of the marriage. However, since same-sex couples could only marry starting in 2012, any couples that were together long before then may need legal guidance and protections to make sure their premarital contributions are not ignored. Those contributions may need to be accurately factored into the duration of the marriage. Washington courts may treat a long relationship that came before the wedding as a committed intimate relationship, which can change how property and support are handled.
• Second-parent adoption. If one spouse is the biological parent of their child and the other spouse isn’t, the non-biological spouse may pursue a second-parent adoption to receive full legal rights and parental responsibilities. State laws generally recognize the presumption of parentage for same-sex couples, but it’s still highly advisable for non-biological parents to pursue a second-parent adoption, just for added protection.

These are just a few of the comparisons between a traditional marriage and one between same-sex partners. If you have questions about your relationship’s impact on divorce, reach out to a lawyer.

Hire a Divorce Lawyer

Choosing the right divorce lawyer can be one of the most important decisions you make during this ordeal. You should go with somebody who has considerable experience handling and resolving same-sex divorces. After all, you may be dealing with unique factors that have to be taken into consideration. Here are some of the ways that a divorce lawyer can help you during a same-sex divorce:

• Handling timeline discrepancies. In Washington, it’s vital to the success of your divorce that you establish the exact date of separation. Since Washington is a community property state, any assets acquired after the official date of separation are considered separate property and won’t be subject to asset division. Your lawyer can make sure your separation date is clear and concise to avoid further complications.
• Navigating non-traditional timelines. Long-term same-sex relationships may not be subject to traditional marriage timelines, since they could not legally marry until the 2010s. Determining community and separate property, unraveling shared accounts, and figuring out child custody can be especially complex because of this. A good lawyer can do all this legwork for you.

It’s understandable to be confused about your next steps when it comes to getting divorced. This may be something you’ve never had to consider before, and protecting yourself and any children you may have can easily become your top priority. The legal team at Chvatal King Cantu Law understands how difficult it can be to lose your marriage. We can provide consistent support from a lawyer familiar with your case, and we can bring decades of experience to the table.

Washington Divorce Lawyer

The last thing you want is to lose more than you expect in your divorce, which is why you should consider hiring a divorce lawyer to oversee your situation. A same-sex divorce is treated relatively the same way as an opposite-sex divorce, and protecting yourself should still be your top priority. At Chvatal King Cantu Law, we can take control of your case and give you the help you need. Contact us to speak to someone on our team who understands your situation.