Can I Get A Same-Sex Divorce?

Beware of a troubling occurrence regarding people who came from their home states to New same-sex-divorce-baldufYork to marry their same sex partner, but now when their marriage is not working out they are finding they may be trapped.  What happens to the individuals who want to get divorced in states that do not recognize same sex marriage and therefore won’t entertain granting them a Same-Sex Divorce?

 A same sex couple who comes to New York to get married and then their marriage fails for one reason or another may find that the can’t get a same-sex divorce in New York because they don’t meet the residency requirements to do so here and they may not be able to get divorced where they’re living now.

This could set the stage for one of two unfortunate things to happen:

  1. The couple perjure themselves (i.e., lie) to the New York Supreme Court and claim that they have resided in New York State long enough to meet the residency requirements (which is illegal and not a good idea), or

  2. They are forced to move to New York and live here for at least a year (sometimes two) to meet the residency requirements

If one cannot get divorced, then obviously this causes a serious problem.

Even with the recent 2015 United States Supreme Court ruling in Obergell v. Hodges an experienced attorney will be needed to help same-sex parties get a divorce that meets their needs.

See also:

NY Divorce?