Same Sex Divorce

Last June, a momentous U.S. Supreme Court ruling gave gay and lesbian couples reason to rejoice. Rendered in Obergefell v. Hodges, the determination that the 14th Amendment gives homosexual couples the right to marry legalized the activity throughout the U.S. Now, as more and more couples exercise this right, chances are some marriages will fail. With extensive knowledge and skill in various aspects of family law, the Wisconsin same-sex divorce attorneys at Bandle & Zaeske, LLP help you cope with any challenges you may face with regard to divorce. Theoretically, same sex divorce in Wisconsin should now be easier than ever because everyone must follow the same rules.

For example, there is no longer any differentiation between the residency requirements for heterosexual and homosexual couples seeking divorce. All couples must file for divorce in the county where they live, not the county in which they were married. In order to file, at least one spouse in any marriage must have lived in Wisconsin for at least six months and in the county where divorce papers are filed for at least 30 days. For gay and lesbian couples, this stands in stark contrast to the situation just a few years ago. As recently as 2013, it was impossible for a homosexual couple to get divorced here because the state did not recognize same- sex marriage.

There are other ways in which basic Wisconsin divorce law now apply to all couples.  No one has to prove spousal wrongdoing in order to file for divorce. After a divorce is finalized, there is a six-month waiting period before anyone can remarry.