DADI Blog

Same Sex Partnership Dissolution

Posted by admin on April 27th, 2006

As you can read in the paper and see on television Same Sex Partnership Dissolution is a major issue for policymakers, courts on all levels including local, state and national levels. Not only is it a major issue for the law makers, but is also a subject that is causing mayhem for the general population as well. This topic brings about moral issues in which many people wish to ignore.

But, no matter what your believes on Same Sex Marriages, there are issues that need to be met concerning what happens when they decide to go their separate ways in regard to items that have been accumulated together and even in case of the adoption of children.

You will find so much information based on the dissolution of heterosexual relationships including those married, under common law, palimony, child support and so much more, but when it comes to same sex relationships there is practically no information at all. Many times, this is because a same sex partnership is in essence not a marriage, and most people deem it as if the couple were just living together as room-mates. This is where the problem comes in when you talk about the dissolution or the separating of their belongings.

When same sex couples have a relationship that is similar to a heterosexual marriage by mirroring most of the same attributes of a marriage it is hard to distinguish how the property should be divided. These couples may have a joint bank account, divide the bills on their home, both be listed on the deed to the home, have acquired cars, credit cards, benefits plans, and even adopted children. When the relationship ends, there are no laws governing how their property should be divided and what happens to the children that live in this environment.

Some same sex couples opt to put a pre-nuptial agreement in place to protect themselves prior to marriage while others may believe that this does hamper their romance.

As the same sex couples may not be able to make their own decisions on how to proceed they turn to attorneys who may be able to help them to some extent when dividing property. These couples have three options when it is time to separate:
On their own with each person agreeing to how things should be divided, etc.

The last way is through the help of a private mediator. A private mediator can help the same sex couple through experienced guidance, aid with legal binding agreements, help couples compromise and come to a shared resolution.

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