Same Sex Divorce

Milwaukee Wisconsin Same Sex Divorce Lawyers

The Supreme Court ruling creates an equal playing field with respect to 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.

Navigating through a new and rapidly evolving area of law

With little or no legal precedence, judges and lawyers are still unsure how other Wisconsin divorce law can or should be applied in same sex divorce cases. For instance, there is considerable confusion about how spousal maintenance should be awarded. The reason this is so complicated is because one of the factors courts traditionally considered is how long the parties were married.

Same sex marriage has only been legal in Wisconsin since 2014, but some states recognized it long before that. So if a couple got married elsewhere, but is now living and seeking divorce in Wisconsin, the duration of the marriage is subject to interpretation. There are no uniform guidelines or rules. Without specific rules, the entire process can quickly get bogged down. Our Milwaukee Wisconsin same-sex divorce lawyers stay on top of every new court ruling and precedence, ensuring we provide trustworthy legal guidance. We bring more than 50 years of combined family law experience to your case.

MilwaukeeWisconsin same sex divorce attorneys find creative solutions to difficult problems

The Milwaukee same-sex divorce lawyers at Bandle & Zaeske, LLP provide skilled legal representation and compassionate guidance in divorce and family law matters. Our goal is obtaining the best possible solution for you while helping you plan for the future and your next steps.  If you are facing divorce, please call our Milwaukee office at (414) 359-1424, or contact us online to schedule a free, confidential consultation. We represent clients in Milwaukee, Washington County, Racine County, Fond du Lac County, Dodge County, Ozaukee County and Waukesha County.

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