I post often about how difficult it is for same-sex couples who marry in a state that recognizes gay marriage but actually reside in a state that does not to obtain a divorce if the marriage later fails. Just ask Jessica Port and Virginia Anne Cowan. The two married in California (which legalized gay marriage and then took away the right by voter referendum) but they reside in Maryland. As you might guess, Maryland doesn’t recognize their marriage and is refusing to grant them a divorce. The couple is now appealing the lower court’s ruling.
Read: A court’s conundrum: When same-sex partners want to split
I cannot emphasize this enough, folks. If you reside in a state that does not recognize same-sex marriage and you obtain a marriage in a state that does, you can’t later obtain a divorce unless one of you becomes an actual resident of a state that recognizes your marriage. And no, having a post office box in that state doesn’t make you a resident for purposes of the court’s jurisdiction.
People from all over the country call me to explain that they want Connecticut to grant them a divorce because Connecticut married them even though they don’t live in this state. I explain over and over that it doesn’t work that way. Read my post “Please Don’t Get Married in Connecticut Unless You Live Here!” It might save you a bit of hassle later on.
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copyright 2012 Irene C. Olszewski
Connecticut Lesbian and Gay Law 