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Since the May 2008 decision by the California Supreme Court to allow gay marriages in that state, many people have been wondering how other states will deal with gay couples’ requests for a divorce in other states. It’s assumed that the divorce rate among gay couples will be similar to that among heterosexual couples — about sixty percent of whom eventually divorce.
Married in California, Divorcing Elsewhere
Hundreds of same-sex couples got married in California within weeks of the Supreme Court’s decision. Many of these couples may eventually migrate to other states in the U.S., nearly all of which do not recognize same-sex marriage. Other gay couples who reside in other parts of the country went to California specifically to get married, and then returned home. What happens when a gay couple married in California wants to get a divorce where they live — in Texas, Delaware, Montana, etc.?
Every State Will Decide
Each state’s courts will have to figure it out themselves. Although a family law judge faced with a divorce petition from a gay couple can say that the state does not recognize the couple as legally married, the couple may have children, a home that they co-own, etc. The courts will be obliged to deal with gay couple somehow, even in states that passed their own constitutional amendments or “defense of marriage” acts that proclaim that they don’t recognize same-sex marriage.
The Right to Marry, the Right to Divorce
Ironically, the fight for equality in marriage for gays may gain even more when gays obtain the right to divorce. Only time will tell how state courts will deal with gay divorce. Until then, married gay couples will continue to move to and live in states where gay marriage is not yet legally recognized.
Learn more about marriage and divorce rights for both gay and heterosexual couples in your state: contact an experienced family law attorney in your area today.