THE RIGHT TO GET DIVORCED AND SAME SEX MARRIAGES
The number of same sex marriage states has grown, as of the writing of this article, to 16. However other states that do not recognize these unions, also do not permit dissolving of the same. So, let’s look at a hypothetical. Greg and Larry lived in Massachusetts, and since this is a state that recognizes same sex marriage, they got married. Then Greg’s company relocates him to Utah, where they do NOT recognize same sex marriage. They live in Utah as a married couple. Unfortunately, however, as in many marriages, their marriage simply does not remain successful, and they choose to divorce. Greg wants to file for divorce, but he faces a huge roadblock. Where can he file for divorce? Not in Utah. If Utah does not recognize same sex marriage, it cannot hear the divorce either.
Many individuals are now facing this problem. Many times, such couples would have to move back to a recognition state, obtain residency there under that state’s rules of residency, and THEN file. That takes a lot of mutual cooperation between two individuals who are at odds with each other, not to mention complete disruption of what is usually the sole source of income…the job!
So, the right to marry is a time to celebrate, and no one wants to go into any marriage thinking of divorce. But the right to marry, in a same sex marriage, is currently fraught with complications in the event of a divorce! Prior to saying, “I do”, see an attorney to protect yourself and your family from this quagmire.