If you’re in a same-sex marriage and want a divorce, you might find yourself with a bit of an issue. There are two questions you’ll need to answer: will the state that granted your marriage actually recognize your divorce? And will the state you currently reside in grant you a divorce if it does not recognize same-sex marriage?
California: Your Answer
If you find yourself in a state that will not grant you a divorce, you might want to consider divorcing in California. California divorce laws require a 6 month residency for divorce – regardless of the spouses’ sex. But California also will permit same-sex couples who are not residents of California to also get divorced here under special circumstances – namely if the couple were married in California and the state they live in will not dissolve their marriage.
Couples in Limbo
Unfortunately, a lot of same-sex couples are left in limbo when they seek divorce as a lot of states still do not recognize same-sex marriages, and thus do not grant same sex divorces. And just like with any other marriage heading towards divorce, remaining married is not a wise decision. All rights and responsibilities remain intact until legal divorce proceedings are initiated.
How and Where to File
If you and your spouse were married in California and the state you live in will not dissolved your marriage, you should file in the California county where you were married. You might also want to consider hiring an attorney who is experienced in same-sex divorces. Since the laws are fairly new, you’ll want someone who has had experience and knows how to get you the best settlement possible. Even if you do not need to go to court, you might want to consider an attorney – they’ll be able to advise you on the correct forms and process steps that are required for legally dissolving your same-sex marriage.
Source: Lawyers.com, Same-Sex Divorce For Out of State Residents, October 3, 2014
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