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Hastings Women’s Law Journal

Abstract

Divorce can be one of the most traumatic and stressful experiences a person will undergo in his or her lifetime. When the trauma of divorce is intensified by a battle over custody of one's children, the process becomes even more difficult. When someone involved in that process is at the same time dealing with issues of same-sex orientation, perhaps for the first time, it is easy to see why gay, lesbian, or bisexual individuals involved in a dissolution of marriage may experience extreme pressure, since the issue of their sexual orientation could become a critical issue in the court proceedings. When gay and lesbian parents are forced to make the choice between their children and their partners, or when courts make that choice for them by imposing draconian restrictions based on myths about how homosexuality impacts child-rearing, the impact of divorce is particularly heartbreaking.

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