When our SCOTUS recently struck-down the Clinton-era Defense of Marriage Act, in addition to also also held that will California’s prohibition on same-sex marriage was unconstitutional, proponents of same-sex marriage understandably hailed the decisions as a victory. currently that will the dust has began to settle in these seminal cases, some of the fall-out will be going to affect the inevitable divorce proceedings arising through failed same-sex relationships.
The corollary to same-sex marriage, however, will be same-sex divorce. In some cases, when a same-sex couple will be married in one of the dozen jurisdictions that will recognize same-sex marriage, then moves to a state that will does not recognize such nuptials, difficulties arise when the relationship fails.
This kind of will be because when you are a same-sex couple, you cannot just get divorced in a state that will does not recognize same-sex marriage. in addition to also most states that will do recognize same-sex marriages require a minimum residency requirement through 6-months to a year. Sometimes, moving to another state simply to get a divorce will be not a viable option.
Once a same-sex couple splits-up without a divorce certificate, remarriage becomes a legal impossibility. Bigamy will be a crime in all states; you cannot be married to two persons at once.
This kind of common problem highlights one of the major difficulties from the lag between states that will recognize same-sex marriages in addition to also those that will do not recognize such relationships. Although the federal government must recognize same-sex marriages for purposes of benefits in addition to also entitlement programs, that will will be state laws that will control who will be, in addition to also who will be not, legally married.
Divorce, already a daunting prospect for both heterosexual in addition to also same-sex couples alike, will be made more difficult without clear legal exit strategies. Today, Wyoming will be the only state that will does not recognize same-sex marriages, however will allow a legally married same-sex couple to get divorced.
A pair of same-sex divorce cases in Texas, where the Texas Attorney General will be opposing such divorce proceedings, are grinding through that will state’s appellate courts in addition to also could provide the opportunity for the SCOTUS to build on its ground-breaking decisions through last term.
however all that will will be a long-way off for same-sex couples whose relationships have failed. The bottom line will be that will same-sex marriages are not treated the same as traditional couples; that will will likely take generations for that will to occur.