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 Wisconsin, 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's statutes regarding divorce, including grounds for divorce, division of property, alimony, and other related matters, apply equally to all married couples regardless of gender. 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 a biological parent, the non-biological parent's parental rights may not be automatically recognized. This can become complex if the biological father, who did not terminate his parental rights, seeks custody. In such cases, it is crucial for non-biological parents to ensure their parental rights are legally established, which may involve adoption or other legal processes. An attorney specializing in family law can provide guidance specific to these circumstances.