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 Oregon, following the Supreme Court's decision in Obergefell v. Hodges, same-sex couples have the same rights and responsibilities as opposite-sex couples in the divorce process. This means that the legal procedures for dissolving a marriage, dividing property, and determining alimony are the same. However, same-sex couples may face additional challenges, particularly concerning child custody. If a child was born to one spouse during the marriage, and the other spouse is not a biological parent, the non-biological parent may need to take legal steps to establish parental rights, such as adoption. Without these steps, the non-biological parent may not be recognized as having the same parental rights, which can complicate custody arrangements if the couple divorces. If a biological father exists and has not legally terminated his parental rights, he may seek custody, which can add complexity to the divorce proceedings. It is advisable for same-sex couples to consult with an attorney to navigate these potential complexities in the divorce process.