Navigating Same-Sex Divorces Issues In Connecticut
As more same-sex couples begin to marry in Connecticut, another legal issue is arising in the New England state: same-sex divorces. Newspaper headlines are chronicling same-sex divorce cases springing up in many states as couples seek to end marriage relationships.
But ending a same-sex marriage is not always straightforward. Most states do not recognize same-sex marriages and therefore do not have a legal process in place to handle same-sex divorces. The right to divorce in any state comes with two qualifiers. The marriage must be recognized by the state in which they seek to divorce and the married couple must meet residency requirements of the state.
Again, only a few states allow same-sex marriages. So same-sex couples who seek to divorce in states that don’t recognize same-sex marriages often find obstacles to a legal separation.
Let’s say both members of the same-sex marriage lived in Connecticut when they got married, but later move to a state where their marriage is not “legal.” That couple cannot get a divorce in the state to which they moved because they are not considered legally married. But another complication arises. That same couple can’t get a divorce in Connecticut, either, because they no longer meet Connecticut’s residency requirements.
The next issue arises with states that haven’t legalized same-sex marriages. There are no legal processes for gay and lesbian couples to seek divorce in most states. Using Connecticut again as our example, a same-sex couple that marries there is legally permitted to obtain a divorce there if one of the parties still holds residency in the state when the divorce is filed. However, same-sex couples who visited Connecticut for the sole purpose of getting legally married there will not find a Connecticut court amenable to a divorce procedure.
While obtaining same-sex divorce in Connecticut is “conventional” in all respects – including the jurisdictional requirements, grounds, division of property, child custody, alimony, and so on-gay and lesbian couples considering contracting a same-sex marriage in Connecticut should prepare for the possibility that they may relocate outside the state during their marriage and be left with no practical means of ending it if the need arises.
