There are currently only seventeen states which recognize same sex marriage as a legal union: Washington D.C., Washington State, Vermont, Rhode Island, New York, New Jersey, New Hampshire, Minnesota, Massachusetts, Maryland, Maine, Iowa, Illinois, Hawaii, Delaware, Connecticut, and California. For two people who are involved in a same sex marriage, gay divorce and the law can be almost impossible, especially if they reside in other states.
Once gay marriage became legal in various states, couples flocked from other states in their excitement to tie the knot. Unfortunately, these gay couples, much like their straight peers, never anticipated the fact that they may split ways one day. Divorcing as a gay couple in a state which does not recognize same sex marriage is a very complicated process. If you have questions about gay divorce and the law, or same sex divorce, contact Boston Divorce Attorney Doug Lovenberg.
Same Sex Divorce From “Other” States
As mentioned before, a same sex divorce can be impossible for couples who do not live in one of the seventeen states that recognize same sex marriage. Here is why; same sex marriage became legal in the Commonwealth of Massachusetts in 2009. Let’s say a gay couple from Georgia rushed to Massachusetts then to be married. They came home to Georgia to start their lives, and have since decided that they no longer wish to live together as spouse and spouse. Since the state of Georgia does not recognize same sex marriage as legal, the couple cannot get a divorce in Georgia.
Since they are not residents of Massachusetts, they cannot get a divorce there, either. Since they are legally married in Massachusetts, however, they can never marry again unless they find a way to get a divorce. There is also no simple way to legally divide their property when they move into separate locations. It is quite a catch 22. If you have a Gay Divorce question or are in need of a Medical Malpractice lawyer – contact us today for a free consultation.
Same Sex Divorce From Massachusetts
In the Commonwealth of Massachusetts, all divorces are treated the same by the courts, whether they are same sex or not. Any couple who seeks a divorce in the Commonwealth of Massachusetts must have lived in the state for at least one year. Same sex couples from Massachusetts who were married in the state have a much better outcome in a divorce than those from other states who came there to be married. They can seek a divorce on the same grounds as any heterosexual couple, have their property divided by the courts, and are free to remarry when the divorce is final. Not true for couples from other states.
Help for Gay Divorce and the Law
As you can see, the laws on same sex marriage and same sex divorce can be tricky, with devastating loopholes. Because of this, anyone who lives outside of the Commonwealth of Massachusetts, but is considering a trip to the state to get married, should enlist some sort of estate planning and cohabitation agreement beforehand. This will help to protect you should circumstances such as these arise in the future. If you need help with gay divorce and the law, give Boston Divorce Lawyer Doug Lovenberg a call today at 617-973-9950.