Many lesbian and gay couples are taking advantage of the opportunity to get married. For couples living in non-recognition states it is important to consider where you'll get married as well as whether you should get married.
Not all same-sex marriages will last. When they don't the parties involved will need to get a divorce. Where the couple married and where they now live will determine how difficult getting a divorce will be. All states have residency requirements that a couple must meet before filing for a divorce or dissolution.
There are 18 jurisdictions that permit same-sex marriages.
California, Vermont and DC allow non-resident same-sex couples that married in those jurisdictions to obtain a divorce if they live in a state that does not recognize their marriage. Illinois law states that same-sex couples marrying in the state consent to the state's jurisdiction for matters concerning the marriage, including dissolution, even if neither is a resident.
The other marriage equality jurisdictions have residency requirements that must be met in order to end a marriage.
If you were married in New York and live in Ohio, you cannot get a divorce in New York unless you or your spouse becomes a resident.
Some Ohio Domestic Relations judges are granting dissolutions and uncontested divorces. However, since Ohio does not recognize same-sex marriages, and no one has appealed any of these divorces, the state Supreme Court has not ruled on whether the divorce courts have the right to grant a divorce.
It is important to consider what happens if the marriage does not work out. Talk with a lawyer before taking the plunge. That may save you time, trouble and money later on.
Not all same-sex marriages will last. When they don't the parties involved will need to get a divorce. Where the couple married and where they now live will determine how difficult getting a divorce will be. All states have residency requirements that a couple must meet before filing for a divorce or dissolution.
There are 18 jurisdictions that permit same-sex marriages.
California, Vermont and DC allow non-resident same-sex couples that married in those jurisdictions to obtain a divorce if they live in a state that does not recognize their marriage. Illinois law states that same-sex couples marrying in the state consent to the state's jurisdiction for matters concerning the marriage, including dissolution, even if neither is a resident.
The other marriage equality jurisdictions have residency requirements that must be met in order to end a marriage.
If you were married in New York and live in Ohio, you cannot get a divorce in New York unless you or your spouse becomes a resident.
Some Ohio Domestic Relations judges are granting dissolutions and uncontested divorces. However, since Ohio does not recognize same-sex marriages, and no one has appealed any of these divorces, the state Supreme Court has not ruled on whether the divorce courts have the right to grant a divorce.
It is important to consider what happens if the marriage does not work out. Talk with a lawyer before taking the plunge. That may save you time, trouble and money later on.
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