subject: Same-sex Divorces Issues Emerge In Connecticut [print this page] With the legalization of same-sex marriages in Connecticut, it seemed only a matter of time before courts would have to address issues around same-sex divorces. To be sure, same-sex divorces are making national headlines as gay and lesbian couples seek to formally end their marriage relationships.
The key challenge in the same-sex divorce arena is simple: Only a few states recognize same-sex marriages and the issue of same-sex divorce is still new even in those states. It's important to keep in mind two factors that impact the right to obtain a divorce in any U.S. state. The parties are required to have a legal relationship the state recognizes and the married couple has to 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.
The other side of the coin is states that do recognize same-sex marriages. Getting divorced in those states also comes with legal parameters. For example, a same-sex couple that gets married in Connecticut can get a divorce there if one of the parties still lives in Connecticut when the divorce is filed. Same-sex couples who make a weekend visit to Connecticut only to find a venue for a legal same-sex marriage will not meet with Connecticut court approval for a divorce.
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.
