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Science 2013-05-21 2 min read

Ruben Law Firm Comments on Expenses Related to Same-Sex Divorce Proceedings

While many celebrate the recent legalization of same-sex marriage in several states, others are facing high prices when pursuing same-sex divorce. Ruben Law Firm comments on this emerging area of family law.

PHILADELPHIA, PA, May 21, 2013

Although many citizens across the United States have begun to celebrate sweeping support of marriage equality--including the recent legalization of same-sex marriage in Minnesota--Ruben Law Firm in San Francisco notes that those seeking same-sex divorce may find themselves facing a whole new set of legal hurdles. In fact, a recent article from CNNMoney reports, "A patchwork of state marriage laws and the federal Defense of Marriage Act has made the process of unraveling a relationship extremely difficult--and expensive."

In a recent press statement Ruben Law Firm comments, "While same-sex marriage remains a very critical issue in today's society, the matter of same-sex divorce is one that many in the legal community have speculated on for years. Now, those kinds of legal processes are only starting to come out into the light as marriage equality becomes more prevalent throughout the United States."

According to CNNMoney, one of the major hurdles same-sex couples seeking a divorce face is the existing discrepancies in state law. The article reports, "A same-sex couple who marries in one state and later relocates to a state that doesn't recognize the marriage, for example, may be unable to get a traditional divorce. Often, they either have to move to the state where they married to establish residency or dissolve the marriage outside of the court system. Some states call this dissolution of marriage instead of a divorce. In most cases, this means filing a civil lawsuit--or multiple lawsuits."

In its press statement, Ruben Law Firm adds, "Since this area of law is only a specialty and these cases can become very long and complicated, those seeking a divorce can anticipate paying high legal fees as a result." For example, attorney Randall Kessler tells CNNMoney, "For an out-of-court settlement in states where same-sex marriage isn't recognized, a same-sex divorce typically costs around $20,000, versus $10,000 for an opposite-sex couple."

While those prices may prove high, same-sex couples that have children may also find themselves facing even heftier fees when it comes to custodial arrangements. In the article, Kessler explains, "Same-sex couples who negotiate property division on their own but bring the custody issue to court are usually looking at $40,000, compared to $20,000 for opposite-sex couples...And a long, drawn-out court battle over custody could lead costs to jump to $100,000 or more for a same-sex couple, twice what it costs for an opposite-sex couple."

Although CNNMoney reports that these fees have forced many same-sex couples to stave off divorce until they can afford it, Ruben Law Firm explains that any couple in this situation should not let financial matters be the reason that a family remains unhappy. "While the prices of same-sex divorces may prove higher than opposite-sex processes, the matter is still the same--a couple is splitting and a family is having to face very difficult decisions. Although every case is different, we encourage same-sex couples to consider mediation if they want to lower costs and time spent on the divorce," Ruben Law Firm concludes in its press statement.

ABOUT:

Ruben Law Firm provides guidance and insight to clients dealing with family law. Stephen B. Ruben, the firm's managing partner, has provided assistance to clients for over 30 years. He is a Certified Family Law Specialist, as well as a Certified Family Law Mediator. These qualifications enable him to effectively represent clients who are facing a range of pressing legal issues. The organization is proud to support members of the Bay Area community, and is situated in San Francisco, California.