Mediating Same-Sex Divorces

By Gerald A. Maggio, Esq.

Same sex divorce attorneys; California Divorce MediatorsAlthough most of the states in the USA have accepted same-sex marriages, it has not been accepted completely by the country as a whole. As the governments and the judicial system do not recognize same-sex marriages or partnerships, it becomes quite difficult and challenging for same-sex couples to resolve their personal disputes.

Litigation and court sessions are still the most common methods used by same-sex couples to finalize a separation. It goes without saying that these processes are quite expensive and cumbersome.

California accepts same-sex marriages and domestic partnerships and as such there are options for mediation between gay and lesbian couples. Until very recently, only ‘straight’ couples had the opportunity of mediating their divorces. Now more and more mediators are coming up to resolve marital issues in the LGBT community.

Mediation is a lot more economic and an efficient process. It involves the help and advice of a mediator or an expert. The mediator works towards resolving issues between two parties by opening a healthy discussion and helps to reach a common solution that will benefit both the parties.

Drawbacks in same-sex divorces

Division of property and providing for the children are the two most challenging aspects in gay divorces.

Property division becomes very unpleasant because there are no laws laid down by any governing body to determine a proper sharing of the things owned. Due to the absence of such laws, separating couples need to rely on oral contracts or contract laws.

Oral contracts generally give rise to ‘he said’ – ‘she said’ conflicts thereby making the division even more difficult. When it comes to contract laws, no one thinks of signing a contract when in a healthy relationship.

Mediation sessions are always confidential and aim to reach a consensus in an amicable manner. Mediators help to identify and prioritize issues that are causing conflict. Then they guide and advise you on reaching an agreement. The psychologist, who is part of the mediating team, is present at all times.

Same-sex divorces and separations are as emotionally charged and uncomfortable as straight divorces are.  Getting divorced in California can be complicated.  Download our free eBook, 18 Important Things to Know About California Divorce to educate yourself on the process.