Ten years ago, the idea of same-sex marriage in South Carolina was just that, an idea. Staying out of the politics of this topic, there is no denying than same-sex marriage is the law of the land in the United States. When the US Supreme Court issued its decision in Obergefell v. Hodges on June 26, 2015, same-sex marriage was immediately recognized in this country. Every state, regardless of any laws on their books, had to recognize same-sex marriages from any state.
However, as is the case with opposite-sex marriages, a same-sex married couple can experience hardships. They disagree.
And sometimes, they divorce.
Are there special issues involved in a same-sex divorce in South Carolina?
For years, same-sex divorces were not recognized in South Carolina simply due to the fact that same-sex marriages were not recognized. Same-sex marriages in this state were recognized a little less than a year before the Obergefell v. Hodges decision took effect, though not without controversy and challenges in the court. The first same-sex divorce in South Carolina was issued in December of 2014.
That all seems like ancient history now. Instead of arguing the legalities of same-sex marriages and divorce, we can focus on the fact that couples, regardless of their sex, often have troubles in their marriages.
There are no special hoops that a same-sex couple has to jump through to get a divorce, aside from the laws on the books for every divorce in the state. A couple can get divorces after living separately (with no cohabitation) for a year and file for a no-fault divorce. Couples can also get divorced within three months for the following fault-based reasons:
- Habitual drunkenness or narcotics abuse
- Physical cruelty
Just like other divorces, same sex-couples will have to contend with the following issues:
- Property division
- Child custody and visitation
- Child support payments
- Enforcement orders
Secure assistance from a skilled Greenville divorce attorney
If you are in a same-sex marriage and are considering divorce, contact the Elliott Frazier Law Firm. Our Greenville divorce attorney is ready to help you get through this process so you can get the next chapter of your life started.
Angela Elliot Frazier is a Family Law Attorney who practices in Greenville, SC. She graduated from the University of South Carolina School of Law, and has been practicing law for 14 years now. Angela Frazier believes in helping you through one of the most stressful times of your life. Learn more about her experience by clicking here.