Same-Sex Divorce In Washington State
Same-sex couples in Washington State, whether they are in a marriage, domestic
partnership, or civil union must dissolve their relationship in the same
way their opposite-sex married peers dissolve their marriages—with
a divorce. In many ways, the same rules apply, but there are special issues for
gay divorce in Washington State.
Divorce Rates: Same-Sex vs. Opposite-Sex
Same-sex couples are divorcing at half the rate of opposite-sex couples. According to data published by the Williams Institute at the UCLA School of Law, in 2011 the divorce rate for same-sex couples was 1.1% per year, while the divorce rate for straight couples was 2% per year. (Note that the percent of couples that get divorced is eventually around 50 percent, but only one or two percent get divorced in a particular year.)
Issues Unique to Gay Divorce
Every divorce case is unique, but the following are some of the issues that often impact same-sex couples seeking a divorce.
Duration of the Relationship
Because same-sex marriage has only recently been recognized, it can be difficult to figure out the start date of a relationship. Now that marriage has been expanded to same-sex couples, should their entire co-habitation period be considered part of the marriage?
For example, consider a same-sex couple who has been together for 25 years and got married once it was legal to do so. When their relationship ends, how long was their marriage for the purposes of alimony/maintenance? Will there be an impact on a just and equitable distribution of property? These are questions that have yet to be answered in Washington State.
The duration of a relationship is important because it influences what property will be on the table to distribute during a divorce. It also impacts spousal maintenance (alimony).
Tax Issues
Even though the Supreme Court found the Federal Defense of Marriage Act unconstitutional, issues persist for couples in domestic partnerships and civil unions. Many tax issues will persist for these couples regarding property distribution and spousal maintenance (alimony). This includes:
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Property transfers: transferring or distributing property between same-sex spouses may be subject to federal income tax
- Alimony/spousal maintenance taxation: spousal maintenance/alimony is typically tax-deductible by the payer, and taxable to the recipient; however, divorced same-sex couples are not able to deduct maintenance/alimony payments
Access Issues
In some instances, same-sex partners are not allowed access to their partner’s financial information or accounts, like a pension or a retirement account of the other partner. Dividing retirement plans, in general, poses unique challenges for same-sex couples.
Residency
Same-sex couples may experience problems when they marry or enter into a civil union or state-registered domestic partnership, and either (1) never live in the state where married or registered, or (2) their relationship ends while living outside of that state.
Most states have some kind of residency requirement, often requiring one or both people to reside in the state for a month prior to being able to file for divorce. Washington's residency requirement is simply that one spouse must be a resident of the state at the time the divorce petition is filed. Washington will dissolve same-sex marriages, domestic partnerships, and civil unions from other states.
Marriage Craze: Legal Dissolution of All Legal Relationships
Many couples also may have gotten married or registered in multiple states or countries. When a couple is divorcing, they need to make sure to disclose all of these legal relationships to make sure that the court dissolves all of them. For example, if a couple fails to ask the court to end their Nevada state registered domestic partnership when dissolving their Washington marriage, they will still be in a legal domestic partnership until it is dissolved.
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Client testimonials
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"I knew I had a great team looking out for my best interest."My daughter is the sunshine of my life. I felt despair and a sense of helplessness on the day I was served. On the first appointment day when I arrived at the office and sat down with my lawyer, I knew I had made the right decision. From the beginning of my case to conclusion, I knew I had a great team looking out for my best interest (and the best interest of my child). Thank you McKinley Irvin!- Christine P.
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"Thanks for all the work for our family over the past year."Thanks for all the work for our family over the past year. We’re really glad you are on our side.- P.O.
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"I always felt my specific needs were very well represented and that I could count on David to be a trusted adviser."David remained very level headed and family focused throughout our proceedings. That said, I always felt my specific needs were very well represented and that I could count on David to be a trusted adviser during an otherwise difficult time.- T.M.
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"We would highly recommend the knowledgeable and dedicated law firm of McKinley Irvin to anyone who might be seeking legal services."In our search for a reputable law firm to handle my sister’s divorce case, we explored our options until we found the McKinley Irvin law firm. McKinley Irvin has, through our experience, proven to be compassionate, understanding and patient during the long term process of my sister’s case. Due to her disabilities she needed more than the legalities and McKinley Irvin was able to provide their knowledge as well as the assurance to my sister that her case would be handled in her best interest. We cannot begin to express our gratitude for all that the McKinley Irvin law firm has done for us. We would highly recommend the knowledgeable and dedicated law firm of McKinley Irvin to anyone who might be seeking legal services.- P.M.
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"I cannot imagine two people better able to represent me."Without David and Sam, there is no way I could have made it through this exceptionally difficult time in my life. I cannot imagine two people better able to represent me, nor a better firm to handle my affairs. You all have been wonderful!- M.L.
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"My attorney was very good in and out of the courtroom. Always kept me up to date on any issues that came up."My attorney was very good in and out of the courtroom. Always kept me up to date on any issues that came up and was very knowledgeable on custody issues.- R.R.
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"You all stood by me no matter how trying my case got. I always felt at ease knowing that you were there to guide me through this."I would like to give my sincere appreciation to Jennifer Payseno and staff. You all stood by me no matter how trying my case got. I always felt at ease knowing that you were there to guide me through this most difficult time. Thank you for not only being my attorney but becoming part of our extended family.- M.F.
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"Thank you very much for doing such a wonderful job. It has been a pleasure working with you."Dave, thank you very much for doing such a wonderful job. It has been a pleasure working with you.- R.C.