Prior to a ruling in 2015, many same-sex spouses had a difficulty in getting legally divorced. The U.S. Supreme Court’s 2015 ruling in Obergfell v. Hodges legalized gay marriage nationwide, and this made the divorce process much easier and standardized.
However, there are still some challenges. This blog will give an overview of the challenges of same-sex divorce and what can be done to overcome them.
Same-sex divorce with a non-resident
Before same-sex marriage was legalized nationwide, many same-sex couples got married outside of their home state. Many states permitted non-resident U.S. citizens to get married in their state; however, this has led to complications since some of these married couples now want to get divorced.
Some states — such as California — allow non-resident marriages to be dissolved even though they do not live in the state. However, in Illinois for example, one spouse must have lived in the state for at least 90 days before they can get divorced.
Dissolving domestic partnerships
Many same-sex couples chose to opt for a domestic partnership before same-sex marriage was legalized. A domestic partnership is legally similar to marriage, however not all states recognize the arrangement. Therefore in these states, dissolving a domestic partnership can be impossible.
Same-sex marriage and domestic partnership law has been fluctuating greatly over the last few years. However, it is encouraging to know that now everything has been settled at a federal level. It can be useful to seek legal guidance if you wish file for divorce in your same-sex marriage.
Source: Find law, “Same sex divorce: what you need to know,” accessed July 27, 2017