Same-sex divorce following marriage

BOSTON, Jan. 2 (UPI) -- The legalization of same-sex marriage in Massachusetts and civil unions in other states has led to confusion over a new phenomenon -- same-sex divorce.

Gay couples have many of the same problems splitting up that straight ones do, like dividing assets and settling child custody and care. But the issues can become more complicated, and courts are uncertain how to proceed when there are no precedents, The Washington Post reported Wednesday.

Traditionally, judges have favored mothers for child custody. But the children of gay couples have either two mothers or none, and only one parent may be the legal one unless the non-biological parent has adopted the child.

"One of the benefits of marriage is divorce," Joyce Kauffman, a Boston divorce lawyer, said. "But for a lot of couples, that benefit is very complicated and very costly in ways that heterosexual couples would never have to experience."

Almost 10,000 same-sex couples have married in Massachusetts since 2004. So far, a few dozen are believed to have filed for divorce, although no one keeps those statistics.

Another issue is whether gay couples can divorce in states that do not recognize their marriages. So far, the answer, handed down recently by the Rhode Island Supreme Court, is no.