As of June 26, 2015, the US Supreme Court ruled that the US Constitution guarantees the right for same-sex couples to marry in all 50 US states. Associate Justice Anthony Kennedy stated in the majority opinion: “The Court, in this decision, holds same-sex couples may exercise the fundamental right to marry in all States.”
Timeline of Same-Sex Marriage Bans and Legalizations by Effective Date of Laws
As of June 25, 2014, the 10th Circuit Court of Appeals has upheld the right for same-sex couples to be married in the state of Utah. The status of same-sex marriage and divorces in Utah is an open issue and it will take some time for this issue to be resolved. What can be said with certainty is that this is an evolving area of the law that will continue to evolve. However, if the state of Utah is legally obligated to recognize same-sex Marriages, then the state of Utah must recognize same-sex divorces.
Utah Divorce Laws For Same-Sex Marriages
Attorney David Pedrazas provides family law representation that is both aggressive and compassionate. He will take proactive measures to protect your rights and interests during this time of uncertainty.
Several important issues remain outstanding regarding same-sex marriages in Utah. Most notable among these are:
- Can married same-sex couples be divorced?
- How are disputes involving child custody, visitation and child support to be resolved?
- Presumptively, the court should handle same-sex divorces no different than any other divorce. However, without specific precedent and case law on these issues, individual Judges and Commissioners may handle these types of issues differently.
These issues can present complex issues of fact and law, so to protect your rights, you need sound advice and effective representation. In a free consultation, David Pedrazas can review your case, provide guidance, and if necessary, represent you in court.
Consider Getting A Cohabitation Or Prenuptial Agreement
Until that time when the legal status of same-sex marriage and divorces are finally determined, same-sex couples can take measures to formalize their relationships and gain the protection of the law. A cohabitation or prenuptial agreement can provide a degree of stability and protect against unforeseen circumstances. David Pedrazas can explain the benefits of such an agreement and draft an agreement for you for an affordable fee.
Contact David Pedrazas Today
To discuss your situation with an experienced family law lawyer, contact the Law Office of David Pedrazas, PLLC.