Divorce is often described as one of the most stressful events that can occur in two people’s life. This stress is even further multiplied if children are involved. Despite the challenges, millions of people continue to seek and work through their divorce so that they may live a happier lifestyle. For same-sex couples living in Massachusetts, divorce could be even more difficult due to complicated state’s rights.
Even after the Defense of Marriage Act was overturned, same-sex couples are finding it difficult to maneuver through basic rights, such as the right to divorce from a partner that they married. This is due to the individual laws of states. For instance, if a couple got married in one state but is living in another that does not recognize gay marriage, getting a divorce process approved could be a hassle.
In order to dissolve a partnership, a same-sex couple might need to establish residency within the state that first legally established the union. It is important that same-sex couples remain up to date on the individual laws and stances of each state in which they are living, and not just for the purpose of having an easier divorce. Even with the shift in society that is supportive of same-sex rights, it is unclear how the states will handle the switch, even with divorce.
Divorce is stressful enough without having to jump through red tape. If you are seeking a divorce, from a same-sex partner or otherwise, speaking to an experienced attorney could be beneficial.