At the Law Office of Kristen L. Campbell, LLC, we empathize with the possible difficulties you and your same-sex partner can encounter when seeking a Ohio divorce. Despite Ohio law recognizing same-sex marriages, our divorce laws may not apply to your particular circumstances.
Per the Arbitration Law Review, the U.S. Supreme Court’s landmark 2015 decision in Obergefell v. Hodges legalized same-sex marriages, but failed to require state divorce statute updates to address the issues that same-sex partners such as you can face when your marriage ends in divorce. Consequently, your best option may be a mediated divorce.
Advantages of mediation
In a mediated divorce, you and your partner resolve your issues through mutual negotiation and compromise rather than turning your issues over to a judge for resolution. Not only does mediation allow you both to retain control over your own lives, but your agreement(s) need not take Ohio law into consideration since mediation is a nonjudicial proceeding. This means that while a judge must approve your mediated agreement(s), neither Ohio law nor judicial precedent constrains him or her in doing so.
The first thing you and your partner must do is hire a neutral mediator. This person acts as your guide and facilitator during the mediation process. (S)he allows both of you sufficient time to air your grievances and opinions, but (s)he also ensures that neither of you will overwhelm or intimidate the other. In other words, you will conduct your negotiation meetings in a nonthreatening atmosphere where cooperation is the rule.
If you are like most divorcing couples, heterosexual or same-sex, your issues include the following:
- Child custody, visitation and support
- The possibility and amount of spousal support
- The equitable division of your property
In addition, if the two of you own a joint business, you both want to protect that business. Mediation allows you and your spouse to resolve these and any other issues you have through negotiation and compromise.
For more information on this subject, please visit this page of our website.