FAQs For Same Sex Civil Union Dissolution

Couples seeking a same sex civil union dissolution may find it difficult to end their partnership. The laws in each state generally recognize the laws of other states, except when it comes to gay divorce. A federal law known as the Federal Defense of Marriage Act (DOMA) defines marriage as a legal union between a man and a woman. This means that states do not need to recognize a same sex marriage performed in another state.

Frequently Asked Questions on Gay Divorce

Where can same sex couples get a divorce?

Same sex couple can get a divorce in states that allows gay marriage or same sex civil unions. These currently include Connecticut, Iowa, Massachusetts, New Hampshire, Vermont and Washington D.C. A divorce may also be granted in New York, even though they don’t perform civil unions between same sex couples. California who formerly allowed gay marriages will allow same sex partners to obtain a divorce. Certain states that do not allow gay marriage may grant them a divorce, such as Maryland, New Jersey and Rhode Island. These laws are constantly changing, so it’s best to consult with an attorney in your jurisdiction.

Who gets the kids when same sex couples split?

This depends on many factors and the jurisdiction where the couples are seeking a divorce. There have been recent cases where the biological parent has used the laws in states that ban gay marriage against their former partner. In the Wheeler case in Georgia, a lesbian couple gave birth to a son through artificial insemination. Two years later, the non-biological parent adopted the child. When they split up, the biological mother argued that gays don’t have the legal right to adopt children. After a long legal battle, the courts decided against the biological mother and upheld the adoption.

Does California consider my gay marriage valid?

In 2009, the California Supreme Court ruled that all gay marriages that were performed prior to the state passing Proposition 8 are valid. California’s voter initiative was passed in 2008, which bans same sex marriages, but this is currently being challenged in federal court.

What is “forum shopping”?

In gay custody disputes, the biological mother may seek to file for divorce in a state whose laws are less sympathetic to gay couples. For example, let’s say the parties were married in Vermont, which is friendly towards same sex couples. When fighting for custody, the biological mother wants to make sure her partner does not have contact with the child they were raising together. She moves to another state and argues that the state’s ban on same sex marriage is grounds for denying custody to the other parent.

Legal Help for Gay Couples

Couples seeking same sex civil union dissolution may find it difficult to get a divorce outside the state where they where married. When a gay couple splits up, any state that has banned gay marriage or civil unions will not grant them a divorce. Before a gay couple enters into marriage or a civil union, they should be aware of the laws and how their lives may be forever affected when they split up. Consulting with a family law attorney who specializes in same sex divorce may be a good idea.