LGBT Divorce? Consider Mediation Instead!

The extension of civil marriage, union, domestic partnership and now marriage rights to same-sex couples in various jurisdictions can raise legal issues upon dissolution of these unions that are not experienced by opposite-sex couples, especially if law of their residence or nationality does not have the same-sex marriage or partnerships relations.

Yes, these challenges are an untried concept to many folks on both sides of this relatively new area as these unions come to an end for some couples.

In jurisdictions where same-sex unions are not possible, also divorce or annulment may not be possible, while general conflict of law rules sometimes exclude divorce in the jurisdiction where the marriage was celebrated. In some jurisdictions divorce is possible, even if marriage is not possible.

When Delaware and Minnesota legalized same-sex marriage in May 2013, they gave their respective state courts the authority to conduct divorce proceedings in cases where a same-sex couple married in the state but neither party resides in a state that recognizes their marriage.

Same-sex couples attempting to divorce in Texas, which does not recognize the validity of same-sex marriages, have met with different results and two cases are pending before the Texas Supreme Court. Two women who had legally married in Massachusetts and moved to Florida are challenging that state's ban on same-sex marriages in order to divorce. The Florida litigants' petition for divorce was dismissed by the trial court, but they are appealing and the Family Law Section of the Florida Bar has moved to file an amicus brief in favor of the right to divorce by same-sex spouses.

The federal government's denial of recognition to same-sex marriages prior to United States v. Windsor meant that prior to 2013, the assets transferred in a divorce settlement were treated as gifts. Same-sex couples in states that deny them access to divorce may be able to end their legal relationship at greater cost by bringing a civil suit.

Using mediation as it relates to " LGBT Divorce" will save you money, time, aggravation, and stress plus give you more control over your situation.  You will also have the liberty of talking about things that a judge may not even have the authority to discuss!  The private mediation process is so much more flexible and informal that folks can communicate better. When you add our WHY discovery process to the mediation steps, you get to have all the learning, coaching and growth that accompanies our cutting edge process, along with your mediated settlement, and, all keeping you out of court and saving you even more time and money!

If you have question or concerns call WHYmediate to get the answers about specific conflict resolutions using mediation in the state of Arizona.

At WHYmediate?, Find out why mediation will allow you to resolve marital conflicts in a positive learning environment that covers how to deal with all the special days in your life.

WHYmediate? Mediation Services
4500 South Lakeshore Drive Suite 300 
Tempe, AZ 85282 
(480) 777-5500
http://whymediate.solutions