Domestic Partnership Civil Union Dissolution: Gay Marriage Divorce

Marriage is largely considered a sacred institution in society. However, plenty of homosexual couples feel just as strongly and affectionate toward one another and their relationships as heterosexual men and women do about their marriages.

Instead of ignoring the reality of homosexual relationships, a few states have created laws permitting domestic partnerships, civil unions and gay marriages. Live-in partnerships are an option for homosexual couples living in states where their relationship won't be legally recognized.

Regardless of what a homosexual couple's relationship is called under state law, what happens when the couple wants to break up?

How Gay Divorces Work

The option of a gay marriage divorce is a new frontier in family law. Massachusetts was the first state to legalize gay marriage and a number of states allow civil unions or domestic partnerships. However, getting out of a civil union/domestic partnership/gay marriage might not be as easy.

The good news is that there are procedures for domestic partnership dissolution and civil union termination in states that allow them. New Jersey and Vermont use the same process for a heterosexual divorce for gay couples while California allows couples meeting certain requirements to simply file a form with the court. The procedures vary from state to state so check local laws.

A gay marriage divorce law hasn't been created in the states that don't recognize gay marriage in the first place. Time will change this in states allowing gay marriage but for now, the law is evolving.

Help from a Divorce Attorney

This article should not be a replacement for legal advice. The breakup of a homosexual relationship is a new, evolving area of law and an attorney will be far more likely to produce a favorable outcome than an unhappy party trying to end a civil union/gay marriage/domestic partnership on his/her own.

Thinking About Divorce?