How can a same-sex couple get divorced when the state they now live in doesn’t acknowledge their marriage?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How can a same-sex couple get divorced when the state they now live in doesn’t acknowledge their marriage?
We have a domestic partnership in one stae. A marriage license in another. We now live in a third state (it’s been a crazy decade). We want a divorce but our current state of residence doesn’t even recognize our union. We know that we may meet someone of the opposite sex and eventually want a legal marriage in some state where same-sex marriage is allowed. How do we dissolve our marriage? What legal ramifications would we face if we are still married in one because the state we’re in now won’t recognize our out of state marriage when we eventually seek to remarry possibly to someone of the opposite sex?
Asked on July 12, 2012 under Family Law, Indiana
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
My understanding under the laws of all states in this country is that IF you as a same sex couple were legally married in that state but that state has now will not recognize same sex marriages or allow them to take place in that state, If you can show that you were married in that state legally you can then get divorced in that state.
Another option is to file a marital dissolution petition in a state that allows same sex marriages. I suggest that you consult further with a family law attorney about your situation.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.