Understanding same-sex marriage laws is not just necessary for those involved, but also for their friends, family, and legal professionals navigating these waters alongside them.

The landscape of same-sex divorce is still evolving, heavily influenced by the changing societal and legal understanding of same-sex marriage. Unlike traditional heterosexual divorces, which have a long history of legal precedent, same-sex divorces are often tasked with carving a new path in family law.

In the U.S., the landmark Supreme Court ruling in 2015 on Obergefell v. Hodges legalized same-sex marriage nationwide, causing a significant shift in the legal landscape. Prior to this ruling, the laws governing same-sex marriage, and consequently, same-sex divorce, varied wildly across states. However, despite the federal recognition of same-sex marriages, the realities of same-sex divorce can still be incredibly complex.

Before the legal right to marry

Much of this complexity stems from the length of a couple’s relationship before marriage. Due to the belated legalization of same-sex marriage, many couples have been together for years, sometimes decades, before they had the legal right to marry. These pre-marriage years can complicate the divorce process significantly.

In a traditional divorce, courts consider the length of the marriage when dividing assets and deciding on spousal support. However, for a same-sex couple who has been together for twenty years but only legally married for five, this measurement may not accurately reflect the reality of their shared life and financial entanglement. 

They may have bought property together, raised children, and intertwined their lives in ways that are not easily unravelled by the standard legal process.

Child custody is another area where same-sex divorce can get complicated. In many states, legal parentage is automatically granted to both members of a heterosexual couple when a child is born into their marriage. However, for same-sex couples, the non-biological parent often has to adopt the child to secure legal rights. If this step was overlooked, the non-biological parent may face significant challenges in securing custody or visitation rights during a divorce.

Divorce tourism

Then there is the matter of ‘divorce tourism’. Prior to the nationwide legalization of same-sex marriage in the U.S., some couples travelled to states where it was legal to tie the knot. But when those relationships dissolve, and the couple lives in a state that didn’t recognize their marriage, the road to divorce can be fraught with legal hurdles.

Fortunately, progress is being made. Many states have begun acknowledging the unique circumstances surrounding same-sex divorces, with courts starting to consider pre-marital cohabitation when dividing assets and making custody decisions. Lawyers are becoming more knowledgeable in this area of law, offering more informed guidance to their clients. Even so, it’s vital for anyone going through a same-sex divorce to find legal representation who is well-versed in this evolving area of law.

Divorce is about real people, not just the law

The emotional toll of divorce, coupled with these added layers of complexity, can make same-sex divorce a challenging process. But, with proper support and understanding, individuals can navigate these challenges effectively. 

There’s an undeniable need for ongoing conversation, education, and empathy around this topic, for individuals and society as a whole. 

Remember, it’s not just about laws and legalities; it’s about real people, real relationships, and the delicate task of untangling lives that have been woven together over time.

Here are five crucial things you need to know about same-sex divorce.

Same-Sex Divorce

Jurisdiction plays a vital role in any divorce proceeding. If a same-sex couple marries in a state or country where same-sex marriage is legal but then moves to another area where it is not recognized, they could face issues when trying to divorce. In cases where the jurisdiction doesn’t recognize the marriage, it may also not acknowledge the divorce. That’s why it’s essential to consult with a family law attorney who is knowledgeable about the nuances of same-sex divorce laws in your specific area.

Parental Rights Can Be Complicated

Parental rights and custody disputes can become complex in a same-sex divorce, particularly when one parent is the biological parent, and the other is not. For example, a non-biological mother may face difficulties asserting her parental rights over her children, especially in regions where the law is still catching up with societal shifts.

It’s therefore paramount to establish legal parenthood early in the relationship, ideally at the time of the child’s birth or adoption, to avoid potential complications during the divorce process.

Property Division Can Get Tricky

Jova Xu from Jovi Realty says that the division of assets and debts is a critical part of any divorce proceeding. In same-sex divorces, this process can sometimes get tricky, particularly for long-term relationships that began before the legalization of same-sex marriage. 

Courts often consider the length of the marriage when dividing property, which could mean that assets acquired before the legal marriage might not be subject to equitable distribution. Couples should therefore document their financial agreements and intentions throughout the relationship to avoid any confusion or disputes.

Alimony and Spousal Support

Determining spousal support or alimony can be another challenging aspect of same-sex divorce. As with property division, the duration of a legal marriage often plays a role in determining alimony, potentially disadvantaging same-sex couples who could not legally marry at the start of their relationship. This highlights the importance of prenuptial or postnuptial agreements in setting the terms for potential future spousal support.

Same-Sex Divorce

Lastly, but perhaps most importantly, never underestimate the emotional toll that divorce can take on you. It’s vital to seek out a supportive community to help you through this difficult time. Reach out to friends and family, consider joining a support group, or seek counselling. Your emotional health should be your top priority as you navigate this challenging process.

Same-sex divorce, like any divorce, involves a complex interplay of emotions and legal intricacies. Awareness of the unique challenges that same-sex couples may face during a divorce can help ensure a fair and equitable resolution. 

It’s crucial to consult with a knowledgeable attorney who can guide you through the complexities of the process and protect your rights and interests. At the same time, emotional support is an essential part of coping with the changes and challenges that divorce inevitably brings.

The post Same-Sex Divorce: Everything You Need to Know appeared first on PinkPlayMags.

The post A Guide to Home Ownership for LGBTQ+ Couples appeared first on PinkPlayMags.

Rapp sued Spacey back in 2020, claiming an encounter with the Oscar-winning actor at a party in New York in 1986 turned dark when Spacey, a dozen years his senior, lifted him onto a bed and got on top of him. Rapp’s lawsuit seeks damages for battery and infliction of emotional distress, and though Spacey claims he couldn’t remember the incident, he publicly apologized for his alleged “deeply inappropriate drunken behaviour.” However, Spacey’s attempt at a mea culpa is likely too little too late to save his career, especially since Rapp isn’t the only man accusing him of sexually inappropriate behaviour.

Top insurance companies should also be paying attention to the lawsuit. Kevin Spacey just settled for $31M dollars in a civil lawsuit. He agreed to pay the money to studio MRC (the company that made House of Cards.) But imagine if it had gone the other way, and the staff at studio MRC had sued the company. The company that insures studio MRC might have had to pay out $31M.

My point is that harassment affects everyone the victims, their families, the companies where the harassment happens, and even insurance companies (even if you don’t feel bad for them). Let’s talk about the upcoming criminal trial.

Trial for Allegedly Sexually Assaulting Men

In addition to facing Rapp’s civil lawsuit, Spacey is also set to go on trial in London next year for allegedly sexually assaulting three men while working as an artistic director at a London theatre between 2004 and 2015.

The same year Rapp went public with his allegations, the theatre where Spacey worked conducted an internal investigation that saw more than a dozen performers and employees accuse Spacey of “inappropriate and predatory behaviour.”

Spacey’s so far denied doing anything wrong, pleading not guilty to the charges in London and denying any memory of the uncomfortable incident alleged by Rapp. Of course, at this point, determining Spacey’s civil liability and criminal culpability for his alleged conduct is up to the courts.

But the sheer length of time it’s taken to finally get on the road to justice raises a host of difficult questions and a number of uncomfortable truths not only about Spacey himself but also about what enabled him to fly under the radar for so long.

The former Hollywood A-list actor joins a long list of fallen stars felled in the wake of the “#Metoo” movement, but his laundry list of legal woes is ongoing on both sides of the Atlantic.

No More Free Passes for Celebrities

Even though his sexual inappropriateness among young men was reportedly an “open secret” in the entertainment industry for years, Spacey’s talent, fame, and fortune seemingly gave him a free pass. Meanwhile, the media’s reticence to “out” him as gay played no small role in him getting away with his predatory predilections for decades.

But, like other fallen Hollywood heavyweights such as Harvey Weinstein and Bill Cosby, it was also Spacey’s star power and wealth that shielded him from accountability, like a suit of armour as shiny and golden as the Oscar and Emmy statues that adorn his shelves.

Once the chorus of voices speaking out against him reached a “critical mass,” the party was over, as was his acting career, likely for the rest of his life.

But why did it take so long, decades, for Spacey to finally face a public reckoning for what appears to be a pattern of misconduct towards younger men?

And how can the entertainment industry as a whole deal with such issues in the future to ensure men like Spacey, Weinstein, and Cosby never ascend to power to the point of virtual untouchability ever again?

Victims of Sexual Abuse Need Time to Come Forward

Firstly, victims of sexual abuse and misconduct are often racked with guilt and shame for a long time before they’re able to process their emotions. Indeed, the incident at the heart of Rapp’s lawsuit against Spacey is alleged to have happened way back in 1986.

Furthermore, in cases involving gross power differences between perpetrators and victims, like Spacey’s and Weinstein’s and Cosby’s, speaking out can have adverse consequences for those who sound the alarm.

Secondly, especially in the hyper-competitive glamour industry that is the movie business, careerism and self-preservation may trump speaking out against a big-name star, a high-powered producer, or a well-known director.

Fears of being blacklisted and hearing the dreaded Hollywood cliché “you’ll never work in this town again” are certainly warranted. But a conspiracy of silence and fear can’t last forever, as Spacey learned after reportedly groping the wrong production assistant after an on-set mishap while filming his erstwhile Netflix hit “House of Cards” in 2012.

Kevin Spacey Accuser Conclusion

Lastly, at an industry level, both the media and film businesses could implement systems and policies to specifically counteract the tactics used by powerful men to suppress stories of their misconduct.

In Spacey’s case, the media held to the longstanding industry practice of not “outing” gay people on their pages. But like a “family values” politician caught with their pants down, calling out bad behaviour shouldn’t take a backseat to protect a celebrity’s “open secret.”

Meanwhile, the film industry could establish an anonymous system for both cast and crew to report misconduct by stars, producers, or directors. Such a system could protect vulnerable crew members from retaliation and serve as a check on the powerful men who use and abuse their positions for their own gratification.

Although far from perfect solutions, they’re certainly better than the status quo that allowed men like Spacey, Weinstein, and Cosby to thrive for decades.

How do you think Kevin Spacey is going to act when he meets his accuser in court?

Author: Alistair Vigier is the CEO of ClearwayLaw.com, an advanced online legal marketplace that allows the public to rate attorneys. He is also working on improving the real estate industry.

The post It’s Time For Kevin Spacey To Meet His Accuser appeared first on PinkPlayMags.

Instead of people spending years in court, there should be a court process that forces mediation and arbitration. Issues could be resolved in a matter of months instead of years. Some law firms are looking for better ways to serve their clients by offering customer service and better prices.

Part of law firms offering better customer service is empowering the client. This is something that most lawyers do the opposite of. They speak down to their clients instead of empowering them. A lot of lawyers ignore their clients.

My law firm, ClearWay Law, is planning to be the first 100% online law firm. While there will be massive advantages to working with a lawyer online, there will also be some challenges. According to a Clio report, 55% of clients want to meet with a lawyer face to face to learn about the legal aspects of a case.

70% of people want to meet with their family lawyer to tell them the details of clients. On the other side, only 3% of lawyers want to hear the details face to face. It seems people want to meet with lawyers, but lawyers don’t feel the same way.

Our law firm will have to overcome these challenges by using technology.

How Might Divorce Affect You?

According to Stats Canada, in 2016 there were 72,880 same‑sex couples in Canada. Only 33% of all gay partners in Canada in 2016 were married at that time. The province with the highest amount of queer couples was Ontario, at 26,585 (couples.) Quebec had the highest gay percentage of couples, although most queer couples were choosing not to get married.

50% of gay couples lived in Vancouver, Ottawa, Toronto, or Montreal. Only 12% of queer couples decided to have/adopt children.

The number of queer couples in Canada has gone up a lot since 2001. The number of gay couples went up by 12.9%. But if gay couples will get divorced at the same percentage as straight couples, there will be a lot of divorce in the future.

Learn more: Gay Couples Getting Married- Protect Yourself

Canada’s statistics seem to be similar to European countries, Australia and the USA.

Alistair Vigier is the CEO of ClearWay Law, a family law firm in Alberta. In 2017 he won a 30 under 30 award.

The post The Divorce Industry Is Changing Fast – What You Need to Know appeared first on PinkPlayMags.

What Is A Marriage Agreement?

Regardless of if you are a gay couple, or a straight couple, it’s important to protect yourself from risk. Half of people getting married these days get divorced. People hate talking about marriage agreements (called prenup in the USA) since it’s not romantic. The last thing someone wants to do when planning a wedding is to start planning about possibly getting divorced.

Marriage agreements don’t need to be about “50/50” or “if we get divorced, you get nothing.” Instead, it can be about simple matters. Examples of things to discuss are:

• Spousal support
• Child custody (who gets the child)
• Child support (who pays for the child)
• Would it go to court or mediation/arbitration (explained later)
• Which court would be used (very important if the couple are from different countries)

Read more: Scales of Pride

Many gay couples are choosing to adopt, some adoption laws can also go into marriage agreements.

I had the pleasure of attending a same-sex wedding of one of my best friends between Dragisa Cekerevac and Dustin Miller. My friend moved to Victoria BC from Alberta and fell in love with Victoria. His now husband came here on a trip from Germany (where he is a doctor) and decided he wanted to live in Victoria BC. Both Dustin and Dragisa said that Victoria is a very open-minded place, and they feel safe there.

Many Gay Couples Want to Get Married

As the CEO of a divorce law firm, I don’t get invited to many weddings. Perhaps couples getting married don’t like the fact that I speak to around 15 people about divorce every workday. Going to weddings is great, because I hopefully get to see the other 50% of people that don’t get divorced. I need to see more love in my life. It’s very tiring seeing so much hate.

I spoke to many gay couples at the wedding, and it seemed like almost all of them were planning to get married soon. I decided to put together a list of three things gay couples should think about before getting married.

1. Getting A “Prenup”

The reality is that 50% of married couples are getting divorced. As part of a prenup, same-sex couples need to consider financial support (spousal support.) Family law court is very expensive, and you can expect to spend $10,000+ on family court. It’s much better to spend $2500 on getting a prenup done. The agreement should not be one sided, saying that one spouse will get everything. Instead it should be a fair agreement that clearly lays out the process if a separation were to happen. It is also possible to add that mediation/arbitration would be used instead of family court. Arbitration is a private process and is often much faster than court.

2. Improve Your Communication

Communication is the key to the health of any relationship or marriage. Getting married is just the first day of being married. People put a lot of effort into their weddings and they need to consider putting in effort into their marriage. This is true regardless of how long you have been married. After you get married, you will continue to grow and change as you always have done. Your hobbies and habits will also change over time. Make sure you find things to do in common, but keep in mind you don’t have to do everything together. It’s healthy and normal to have individual hobbies.

3. Grow Together as A Couple

Getting married is just the beginning of your life together. You will want to think about what you want your lives to look like in a year, five years, and twenty years. You may have different goals for each area of your life (family, financial, travel plans, and social…etc.). Make sure you agree on a general direction in life, keeping in mind that things are likely to change.

Alistair Vigier is the CEO of ClearWay Law, a family law firm in Ottawa and Toronto. You can connect with him on his Linkedin page.

The post Gay Couples Getting Married- Protect Yourself appeared first on PinkPlayMags.