As the gay marriage debate rages on across the country, another related issue is gaining traction as well—gay divorce.
Gay marriage is currently legal in six states and the District of Columbia. There is no marriage residency requirement in these states either. That means couples can get married in these states without living there. And that’s exactly what a lot of same sex couples do—travel to one of these states, get married, then go back to their home state.
This is no doubt a good solution for same sex couples who want to get married but aren’t legally allowed to in their own state. But what happens if one of these same sex couples (that marry in another state) wants a divorce? The answer is unclear.
Situations like this are increasingly complicated by divorce laws in the 6 states that allow gay marriage. These states all have a residency requirement for couples who wish to divorce. In other words, a gay couple that marries outside of their home state cannot simply go back to the state in which they married and get a divorce.
This is a huge issue when you think about all the legal aspects that need to be taken care of in divorce. Things like:
• Property Division
• Spousal Maintenance
• Child Custody & Child Support
So where does Minnesota fit in?
In Minnesota, both same sex marriage and same sex marriages conducted in other states are prohibited. A same sex marriage conducted in another state won’t be recognized in Minnesota. Similarly, gay divorce is not governed by state law. This makes divorce even more difficult for same sex couples as the standard divorce laws, like those that govern property division, don’t apply.
For more information on this topic be sure to contact a family law attorney.
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