Same Sex Divorce: Things You Need To Know
The Supreme Court’s decision in Obergefell v. Hodges of 2015, which allowed same-sex marriages nationally, made it easier for many same-sex couples to divorce. Before the verdict, same-sex spouses who got married in one state couldn’t receive a divorce in another that didn’t recognize their marriage rights.
Prior to Obergefell, same-sex couples were allowed to get a divorce in the jurisdiction where the ceremony took place. However, some jurisdictions had residency requirements before a divorce attorney could process a union termination. This requirement caused complications, especially for same-sex couples who married in a different state from where they resided.
Before and following the Supreme Court’s ruling, same-sex divorce was fraught with difficulties. For those in a same-sex marriage who want a divorce attorney in Boynton Beach, Pyfrom & Reisler, P.A. can assist. Pyfrom & Reisler, P.A. specializes in family law practice and has knowledgeable professionals to help anyone seeking a divorce lawyer.
Defense of Marriage Act
Under the now-repealed Defense of Marriage Act (DOMA): Part 2, no jurisdiction was obligated to acknowledge same-sex weddings that occurred in another jurisdiction. That’s why a same-sex partner could be denied a separation, even if they met all the other requirements for obtaining a divorce through a divorce attorney.
It was common for states that did not recognize same-sex weddings to refuse to enforce same-sex separation judgments against people. Court orders were typically unenforceable over state borders if, for instance, one of the spouses relocated to a jurisdiction that didn’t honor same-sex unions.
However, states are obligated to recognize legitimate same-sex unions performed in other states due to the Obergefell ruling, which safeguards marriage rights at the national level.
Dissolution of Domestic Unions
Even after the Supreme Court’s landmark decision, some same-sex spouses may be in legal limbo if they break their commitment.
Although domestic partnerships and civil unions share many of the same legal protections as marriage, they may not be dissolved in all states by a divorce lawyer. In some states, couples who have entered into civil partnerships are treated the same as married couples under the law. Overall, state governments’ reactions to the dramatic changes in union law, such as the ability of civil marriage partners to divorce, remain unclear.
Issues with Same-Sex Divorce
After years of conflicting legislation and rulings, the federal government has finally addressed the issue. If you are a part of a same-sex couple who was lawfully engaged, you can likely file for divorce in every state you call home. However, if your divorce situation is exceptionally complex, you should research the legislation in your state.
The staff at Pyfrom & Reisler, P.A. is qualified to walk you through the divorce process, assist with the prerequisite documentation, and more. If you intend to terminate your same-sex marriage, Contact Pyfrom & Reisler, P.A. for a qualified divorce attorney in Boynton Beach.