Divorce is an emotionally charged legal battle between married couples. It can literally drain physical, mental, and emotional reserves. With the advent of same-sex marriages, maybe you’re wondering if there is such a thing as same-sex divorce.
Same Sex Divorce
When a couple of the same sex decide to get married, they do so in states that recognize and actually allow same-sex marriages. In the same manner, these states also have the legal capacity to dissolve same-sex marriages. But here is where the problem lies. According to family law attorneys in Denver, if the same-sex couple eventually decide to go their separate ways, but are currently living in a state that does not recognize same-sex marriages, let alone same-sex divorces, then they have no choice but to look elsewhere.
When the State Does Not Recognize Same-Sex Marriage
Although the U.S. Supreme Court has already legalized same-sex marriages in the 2015 Obergefell vs. Hodges ruling, it does not require all states to recognize such unions. This simply means that if you were wed in a state that allows same-sex marriages and you decided to live in another state that does not recognize it, you will have a problem when you do decide to file for divorce.
One of the things that most divorce lawyers will tell their clients is for them to consider other states willing to dissolve their marriage. For example, Illinois can typically grant a divorce petition if both the divorcing spouses have lived in a state where same-sex divorce is not recognized.
Additionally, Hawaii, Vermont, Minnesota, and Delaware have also extended their doors to same-sex couples who wanted to divorce despite not being residents of these states. Matthewsfamilylawyers.com also mentions lawyers in Colorado have been dealing with same-sex marriages.
Still, other states require a residency requirement for either one or both of the divorcing couples. For example, in California, all you need is for either you or your spouse to have lived in California for at least six months prior to applying for a dissolution of your marriage.
It is important to note that while the Obergefell decision guarantees your right to obtain a divorce irrespective of your residency status, states still have the option to recognize this or not. This is one critical element to same-sex divorces. And if you are still quite unsure of what to do next, better seek the advice of a divorce lawyer.