Following the United States Supreme Court’s decision in Obergefell v. Hodges, 576 U.S. 644 (2015), there is no real difference in the divorce process for same-sex couples and opposite-sex couples. But same-sex couples may encounter some additional complications in the divorce process regarding issues such as child custody if, for example, one of the same-sex spouses was the biological mother and the biological father did not agree in writing to terminate his parental rights, and later seeks custody of the child.

In Alabama, following the Supreme Court's decision in Obergefell v. Hodges, same-sex couples have the same legal rights and processes for divorce as opposite-sex couples. This means that the state must recognize a marriage between two people of the same sex in the same way it recognizes marriages between a man and a woman, including all aspects of divorce proceedings such as property division, alimony, and the dissolution process itself. However, same-sex couples may face additional challenges, particularly concerning child custody issues. If a child was born to one spouse during the marriage, and the other spouse is not the biological parent, the non-biological parent may need to take legal steps to establish parental rights. If the biological father of the child did not relinquish his parental rights and later seeks custody, this could complicate the custody arrangement. It's important for same-sex couples to understand that while the divorce process is the same, these nuances regarding children may require careful navigation and potentially the assistance of an attorney experienced in family law and the rights of same-sex parents.