Same-sex couples in Texas might be concerned to hear that although they can travel to other states to get married, it may be more difficult for them to get divorce. Although same-sex couples have made strides on gaining their rights to be legally married, there still has not been much discussion on the issue of them getting divorced.
Many complications arise when gay couples want to get divorced because of conflicts in the laws of many states. It is not unusual for same-sex couples to get legally married in one state but then move to a state which will neither recognize their marriage nor allow them to divorce.
The apparent conflict and confusion is a cause of concern for these couples who wish to terminate their marriages. Many of them say that their inability to secure their divorces is keeping them from committing totally to their new relationships. Those who live in states where they cannot obtain a divorce also cannot legally marry a new partner since it would constitute bigamy under the laws of that state. Other legal and financial aspects created by these conflicts have to be considered as well. One spouse may still have the ability to make health care and similar decisions for the other even though they may have been separated for years. Custody rights involving non-adoptive parents may also be affected even in states that do allow same-sex divorces.
Family law attorneys might be able to assist same-sex couples wanting to get a divorce in doing so. They might be able to help them stay aware of the latest laws concerning gays’ rights to help them get their divorces finalized.
Source: Daily Beast, “The Gay Divorce Trap: When Same-Sex Marriage Goes Wrong”, Lizzie Crocker, September 30, 2013