Navigating Same-sex Divorces Issues In Connecticut

As more same-sex couples begin to marry in Connecticut

, another legal issue is arising in the New England state: same-sex divorces. Newspaper headlines are chronicling same-sex divorce cases springing up in many states as couples seek to end marriage relationships.

Part of the challenge is that not all states recognize same-sex marriages, therefore not all states are equipped to deal with the challenge of same-sex divorces. Generally speaking, the right to obtain a divorce in any state depends on two factors. First, the parties must have a legal relationship that is recognized by that state. Second, the married persons must meet the state's residency requirements.

Once more, a small percentage of U.S. states recognize same-sex marriages. That means same-sex couples who seek to obtain a legal divorce in states that don't allow same-sex marriages will meet with courts that aren't prepared to handle the case.

Consider this example. If both members in the same-sex marriage lived in Connecticut at the time of their union, but move to another state that fails to accept same-sex marriages, that couple can't legally divorce in the new states because they aren't legally married there. And that's not the only challenge. The same-sex couple who moved to the new state no longer qualifies for Connecticut residency and therefore is not eligible to obtain a divorce there.

What about states that do recognize same-sex marriages? What are the legal parameters for getting divorced? Let's use Connecticut again as our example. A same-sex couple that gets married in Connecticut can obtain a divorce there as long as one of the parties still resides in Connecticut at the time of the divorce action. Same-sex couples who make a transitory visit to Connecticut for the purposes of becoming married will not thereby confer divorce jurisdiction on the Connecticut courts.

Simply stated, same-sex divorce in Connecticut is conventional. In other words, same-sex couples have to meet the jurisdictional requirements, grounds, division of property, child custody, alimony, and so on. That means gay and lesbian couples who want to enter into a legal marriages in Connecticut need to be aware that a divorce might not be immediately possible if they move out of the state during the marriage.

by: Hilary B. Miller.

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