Since 2009, same-sex couples have married and celebrated their unions in one of the 37 states that recognized gay or lesbian marriages. Anyone who marries expects the union to last. However, this is not always the case, and consequently, many same-sex couples had faced a new problem. If they moved to a state that didn’t recognize their marriage, how would they divorce?
Many states have divorce residency requirements, and some requirements are up to a year of residency. Moving to a state that recognizes same-sex marriage for the purpose of obtaining a divorce is not always practical.
Anyone forced to stay in an unwanted marriage can tell you how stressful that is. When trying to break up the marriage, same-sex couples face the typical legal issues of property division, alimony and in some cases child custody and support. You don’t realize how many legal protections the divorce process provides until you try to dissolve a marriage without such protections. The legal complexity was often overwhelming, and so same-sex couples stayed married and hoped for better legal times. Even when they managed to separate property, etc. the fact of marriage remained, preventing them from looking for another partner and remarrying.
In June, when the U.S. Supreme Court ruled to recognize same-sex marriages across the nation, this changed the legal landscape for same-sex divorce. The Wall Street Journal reported about various couples obtaining divorces in Georgia and Louisiana.
If your same-sex marriage isn’t working out and you’re considering divorce, consult with our attorneys at C.E. Borman & Associates. We can explain the legal process and will work diligently to make your divorce go as smoothly as possible.