Unique Issues in a Same-Sex Divorce

Same-Sex Divorce & Unique Legal Concerns

Divorce is never a simple or painless process, and for same-sex couples, the path to dissolving a marriage can be riddled with unique and often misunderstood legal concerns. This article will explore the specific legal issues that arise during a same-sex divorce in Missouri, such as property division, alimony, and child custody.

Child Custody

Child custody issues can be particularly complex for same-sex couples, and during a divorce, the court will consider the best interests of the child when determining custody arrangements. For instance, if one partner is the biological parent of a child, the other partner may not have any legal rights to that child unless they have adopted them or obtained a court order granting them parental rights.

Property Division

During a divorce, Missouri follows an equitable distribution approach to property division, which means that the court will divide marital property fairly, but not necessarily equally. For same-sex couples, determining what constitutes marital property can be more complicated, especially if they were together for a long time before their marriage was legally recognized.

For example, a same-sex couple may have cohabitated and shared assets for years before they were allowed to marry. In such cases, the court may need to consider factors like the length of the relationship and each partner's contributions to the acquisition of property during that time.


Alimony, or spousal support, is another area where same-sex couples may face unique challenges. Like property division, the duration of the marriage is a significant factor in determining alimony awards. However, given that same-sex marriage has only recently been legalized, many same-sex couples have shorter legal marriages despite being together for much longer.

Missouri courts will consider a range of factors when determining alimony, such as the financial resources of each party, their earning capacities, and the standard of living established during the marriage. Same-sex couples should be prepared to provide evidence of their financial histories and relationship length to ensure a fair alimony determination.

Navigate the Divorce Process with Our Help

To navigate the unique challenges of same-sex marriage and divorce in Missouri, it is essential to:

  • Keep detailed records of your financial transactions and property acquisitions. These records can help with the negotiation or court-related decisions concerning property division and alimony.
  • Legally establish parental rights for both partners if you have children. As we mentioned, same-sex couples should make sure that both partners have legally established parental rights to avoid potential complications during a divorce. This may involve second-parent adoption or securing a court order recognizing both partners as legal parents.
  • Consult with an experienced family law attorney who is well-versed in same-sex marriage and divorce issues in Missouri. For same-sex couples going through or considering a divorce, it is crucial to seek out knowledgeable professionals who understand the unique challenges faced by LGBTQ+ individuals.

At Kallen Law Firm, LLC, we pride ourselves on our exceptional legal expertise and unwavering commitment to our clients. With a proven track record of success, our seasoned attorneys possess the skills and experience necessary to tackle even the most complex cases.

Our personalized approach ensures that each client receives dedicated attention, tailored solutions, and a thorough understanding of their unique needs. We are known for our prompt response to queries, ensuring that you are never left in the dark about your legal matter.

By choosing Kallen Law Firm, LLC as your trusted legal partner, you can expect unparalleled professionalism, compassionate guidance, and a fierce determination to secure the best possible outcome for you. Let us put our expertise to work for you and experience the difference that sets us apart from the competition.

Call (314) 441-7793 or reach out online to request a free consultation.