Lesbian & Gay Couples Can Marry in Some States … But Just Try to Get Divorced!

I constantly remind my clients that lesbian and gay law is an ever-changing landscape. Not long ago, same-sex couples did not have the right to marry in any state in this country. California legalized gay marriage and then its voters took it away. Maine almost legalized gay marriage … don’t get me started on that one. My point is that the law continues to change for lesbian and gay citizens.

I receive dozens of calls every week from gay and lesbian couples who want information about same-sex marriage in Connecticut. While several of those calls come from Connecticut residents, many of them come from couples who live in states that have not yet legalized same-sex marriage. (I say ‘not yet’ because I remain optimistic that one day, all states will treat same-sex couples equally).

It bears repeating that you may marry your same-sex partner in the State of Connecticut … but if you live out of state and later decide to file for divorce, you may not have that option (unless your state of residence will allow it). For couples in that situation, the only option is for at least one party to move to a state that does recognize same-sex marriage and divorce. Connecticut has a one-year residency requirement.

For a thought-provoking article on the gay marriage and divorce dilemma, I refer you to an article in The New York Times: For Gay Couples, ‘Traditional’ Divorce Isn’t Always An Option.

[Thanks to Orange County Divorce Lawyer Blog]


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