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Same-sex marriage has been legal in the entirety of the United States for more than two years now. It is something that some people are still trying to adapt to while others are fully and enthusiastically embracing. Regardless, it definitely means that there are important legal issues that same-sex couples have to consider that were once not of concern to them. One of those issues is how they may need to obtain divorce services at some point in their life.
A Sad Ending To A Marriage
No one wants to see their marriage fall apart, but it does happy to same-sex as well as opposite-sex marriages all the time. Statistically, about one in two marriages end in divorce in the United States. Given that, it is important that same-sex couples understand the rights afforded to them under the Constitution of the country as well as their particular state.
Complicated Laws By State
Although same-sex marriage was legalized by the Supreme Court in 2015 for the entire country, this does not mean that there are no longer patchy laws throughout the country. The reality is, different states view the matter of same-sex divorce differently. For example, in California it is actually possible for a same-sex couple to obtain a divorce in the state even if they are currently non-residents of California. To do so, the couple would have had to have been married in California, but they can dissolve the marriage even if they no longer live in that state.
As you can imagine, the variety of laws throughout the country make it difficult for the average person to figure out exactly what it is that they need to do to obtain the results they desire. Fortunately, there are same-sex divorce lawyers who know exactly what to do. These titans of the legal world are great at guiding their clients through a variety of potential legal landmines to bring them to the promised land of divorce (if that is what they are seeking).
Dissolving Other Relationships
Although same-sex marriage is now legal in all states, that was clearly not the case until very recently. Before that time, some same-sex couples would file for what was known as a “domestic partnership” in states that allowed it. This was a downgrade from a formal marriage, but it did provide for at least some legal rights to these couples.
Couples who have a domestic partnership but would like to dissolve it have other procedures to follow explains FindLaw. Some states such as Delaware and Rhode Island converted the domestic partnerships from within their borders to full on marriages after the Supreme Court ruling. However, other states have left the domestic partnerships in place. Therefore, anyone who wishes to dissolve their domestic partnership should contact an attorney regarding the options available to them.
Residency And Legal Status
A final consideration for same-sex couples seeking a divorce is the matter of residency. Which state a person is a legal resident of matters when settling just about anything in court. It is important to have this matter nailed down completely. One may only file for divorce in the state that they are a resident of (except in very rare cases as mentioned above regarding California).
Attorneys are the best option for every step of what can be a complex and potentially frustrating experience. Although some won’t admit it, they would have a lot more difficulty getting their same-sex divorce finalized if it were not for the help of experienced attorneys who know how to get the job done. It is clearly the best option for keeping this process as straightforward as possible.
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