Now that the Supreme Court has ruled that marriage equality is the law of the land, many LGBT Americans are celebrating the hard-won right to marry. However, along with the ability for same-sex couples to marry comes the freedom for those couples who married in other states to finally end their marriages.

You will find countless stories about couples who married in other states where gay marriage was legal only to discover that when it became time to part ways, they were unable to seek a divorce in their home state of Tennessee. On the Friday evening when the Supreme Court ruling was announced, couples filed for the first same-sex divorces in Tennessee even while others were getting marriage licenses.

Any same-sex couple that wants to end their marriage in Tennessee must satisfy all of the same legal requirement of divorce including residency as any other divorcing couple would have to follow.

Same-sex divorce uncovers new legal challenges

In an article in Huffington Post, Kim Bellware writes about the challenges same-sex couples face in divorce and how it can take years–decades even for the laws to catch up with real life.

Deciding child custody issues can be another challenging situation in same-sex divorce. The courts will have to throw out the traditional gender roles of mom being the caregiver and dad being the bread-winner. Resolving custody disputes can also be challenging when the child might be biologically related to only one of the parents. If the parent who is not biologically related to the child did not legally adopt the child, the court may favor the parent that shares DNA with the child and the other parent may have a challenge proving legal standing for custody.

Marriage equality heralds the freedom for same-sex couples to choose divorce so that they do not feel trapped in marriages that are no longer working, abusive, or that each of the partners has out grown.

If you are in a same-sex marriage and you are considering divorce, you may want to take the time to sit down with a knowledgeable Nashville divorce attorney who will guide you through the process and protect your interests. Call Miller Upshaw Family Law, PLLC today and schedule an in-person or video consultation. We are happy to answer your questions and ease your mind.