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Can I end a same-sex marriage through divorce in Alaska?

On Behalf of | Oct 19, 2021 | Divorce, Family Law |

Divorce is often stressful. When you are trying to end a same-sex marriage and you live in an area that can still be behind on the times, it can be even tougher. If this situation sounds familiar, the first thing to know is that you are not alone. Representation is available, and you do have legal rights.

One of the biggest family law concerns that same-same couples face is whether or not they have to follow a different kind of process for legally separating from each other. While these anxieties make sense, there is no need to worry. You have the same right to divorce as your heterosexual friends.

Sexual orientation has no effect on divorce paperwork

To file for a divorce in Alaska, you must submit either a complaint or petition document, regardless of sexual orientation. According to the law, being in a same-sex marriage is equal to being in a heterosexual marriage when it comes to divorce paperwork. Although there are two forms to choose between for initiating your divorce filing, your sexual orientation has nothing to do with picking between them.

Custody of minor children impacts divorce process

On the other hand, whether or not you share custody of minor children with your spouse does have an impact on which form, and in turn, which divorce process you can expect to follow. When there are one or more children in the picture, the legal proceeding will include creating a parenting plan, establishing paternity and outlining child support requirements, if applicable.

If you have been stressing extra hard about your upcoming divorce because of your sexual orientation, you can breathe easier knowing that legal requirements have nothing to do with that. Although divorce is rarely easy, understanding your rights can reduce stress.


Contact Dorothea G. Aguero, Attorney at Law, P.C.