Same Sex Civil Union Dissolution

Gay couples may find it easier to get married rather than divorced. The laws regarding same sex civil union dissolution are changing rapidly. The battle over which states will perform gay divorces is just starting to heat up. New York does not allow same-sex marriage or civil unions, but will gladly dissolve them. Heterosexual marriages and divorces are recognized when a couple moves to another state. Yet the laws concerning gay couples are vastly different. Those critical of gay marriage feel that if a state allows gay divorce, they should allow gay marriage as well.

Same-Sex Marriage vs. Civil Union

People may be unaware that there is a difference between same-sex marriage and same-sex civil unions. Same-sex marriage is a legal marriage between two people of the same sex. A civil union allows certain rights and benefits to be extended to same-sex couples. These rights are only recognized in the state where the couple lives. New York, New Jersey, Maryland and Rhode Island all recognize same-sex civil unions, but does not perform them.

States That Allow Same-Sex Marriage

As of June 2010, there are currently five states that allow same sex marriage, sometimes referred to as “gay marriage”, which are Connecticut, Iowa, Massachusetts, New Hampshire and Vermont. The District of Columbia and the Coquille Indian Tribe in the State of Oregon also grants same-sex marriage. From June to November 2008, California allowed these types of marriages, until a voter initiative (Proposition 8) banned this under the State’s constitution. Any same-sex marriages performed prior to November 5, 2008 are recognized as a legal marriage in California. Proposition 8 is currently being challenged in federal court in the case of Perry v. Schwarzenegger.

Where to Get a Gay Divorce

States that do not recognize same-sex marriages or civil unions cannot grant dissolution for the couple. The Defense of Marriage Act (DOMA), which is a federal law that was passed on September 21, 1996, gives each state the right to refuse or accept another state’s recognition of same-sex marriages. Therefore, dissolution of a same-sex civil union can only be granted in states that either allows same-sex marriage or civil unions, with one exception. The State of New York may not allow gay civil unions, but they do allow couples to get a divorce.

Both New Jersey and Vermont treat same sex civil union dissolution the same way as heterosexual divorce. California allows gay couples to file a form with the family court. All states have certain residency requirements where one spouse seeking dissolution has to be a resident for a certain period of time.

Gay Couples Will Need All the Legal Help They Can Get

Divorce is never an easy or fun process to go through and same-sex couples will find it even harder than their heterosexual counterparts. When gay couples split up, one partner may use state laws banning same-sex marriage against the other. There have been several cases where a lesbian couple split up that sparked a huge child custody fight. Birth mothers are cutting their former partners out of their child’s lives altogether and in some cases; the courts are allowing this to happen. The Utah Supreme Court recently sided with a party who claimed that her ex-partner not be allowed contact with their child because she is gay. They agreed and ruled in the birth mother’s favor. If you are a gay couple seeking a divorce, you should contact an attorney who specializes in these types of family law cases.

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