Homosexual Marriages and Divorce

According to the Defense of Marriage Act in 1996, there is no agency of the federal government that recognizes same-sex marriages. However, on a state level, Massachusetts, California and Connecticut recognize same-sex marriages and Vermont, New Jersey, New Hampshire, Maine, Hawaii, Washington, DC, Oregon and Washington State created “legal unions” for same-sex couples wishing to have what could be termed a “marriage” with similar marriage rights or limited rights under marriage.

So now you are married. You and your spouse are having problems and want to seek a divorce. Is a same-sex couple afforded the same rights and/or responsibilities as a heterosexual couple when it comes to divorce? The answer is not as clear cut as one would think.

Since not all states recognize same-sex marriages, and no federal agency recognizes same-sex marriage, it is difficult to say how to best proceed with divorce. Seeking the advice of a lawyer who has experience in same-sex marriages or divorce would be very sapient. A lawyer who has experience in this field would be able to protect you in a divorce and advise you as to what you are or are not entitled to.

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