How can a same-sex couple get divorced when the state they now live in doesn’t acknowledge their marriage?

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How can a same-sex couple get divorced when the state they now live in doesn’t acknowledge their marriage?

We have a domestic partnership in one stae. A marriage license in another. We now live in a third state (it’s been a crazy decade). We want a divorce but our current state of residence doesn’t even recognize our union. We know that we may meet someone of the opposite sex and eventually want a legal marriage in some state where same-sex marriage is allowed. How do we dissolve our marriage? What legal ramifications would we face if we are still married in one because the state we’re in now won’t recognize our out of state marriage when we eventually seek to remarry possibly to someone of the opposite sex?

Asked on July 12, 2012 under Family Law, Indiana

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

My understanding under the laws of all states in this country is that IF you as a same sex couple were legally married in that state but that state has now will not recognize same sex marriages or allow them to take place in that state, If you can show that you were married in that state legally you can then get divorced in that state.

Another option is to file a marital dissolution petition in a state that allows same sex marriages. I suggest that you consult further with a family law attorney about your situation.


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