Many same-sex couples are together, sharing expenses and assets for many years prior to being allowed to marry.
With most divorce courts considering the start of marital assets is when a couple marries, this can be an expensive problem for same-sex couples.
Another difficulty same-sex couples can have when it comes to divorce is the different laws that each state has concerning same-sex marriage.
If a couple is married in one state, moves to a different state that does not recognize same-sex marriages, or has different laws concerning them, they often would be required to move back to the state in which they were married to get divorced.
The only other option to moving back to their marriage state (reestablishing residency) would be to end their marriage outside of the court system.
Often times same-sex couples wishing to get divorced are left no choice but to file a civil lawsuit where there is no trial or judge to make the final determination. The costs of attorneys for the lengthy negotiations means mounting fees.
Randall Kessler, a partner at Kessler & Solomiany Family Law Attorneys in Atlanta, says that “For an out-of-court settlement in states where same-sex marriage isn’t recognized, a same-sex divorce typically costs around $20,000, versus $10,000 for an opposite-sex couple”