Thursday, October 13, 2011

FlipSide of Gay Marriage - Gay Divorce?

What does a same-sex couple do if they got married in a state which allows same sex marriage, then they moved to another state that does not recognize same sex marriage - and they want to get a divorce? It sounds simple - file for divorce. But if you live in a state that does not recognize same sex marriage, you cannot get a divorce there. In order for a court to grant a divorce, they have to acknowledge there was a valid marriage. And you can't just file for divorce in the state where you got married, because they won't have jurisdiction over a case when none of the parties live in that state. California has now proposed legislation to address this problem, but there are concerns that the bill is flawed. Read more here.

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