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How Does Marriage and Divorce Work for Same-Sex Couples if the Home State Does Not Allow Either?

Family, Sam, San Francisco, San Francisco Family Law0 comments

Maze of MarriageSame sex law in the U.S. and California is constantly evolving.  One unique issue that has arisen is that many same-sex couples who are not California residents are now able to get married in states like California, but their marriage will not be recognized in their home state.  This creates many unusual legal issues for same sex couples that can require careful  guidance from an attorney.

For example, if a same sex couple are residents of a state that does not recognize same sex marriage it is possible that they will unable to get divorced in there home state.  This can create unusual logistical problems.  For example, if a couple in Utah (where LGBT marriages are not recognized) gets married in San Francisco, but then lives and resides in Utah they will have to try and meet the minimum jurisdictional requirements in different state if they ever want to get divorced.

Problems like these can be further compounded if the brides or husbands to be wish to execute a prenuptial agreement under the laws of their home state if that state does not recognize the marriage to begin with!

Thankfully, California provides that gay and lesbian couples are able to divorce here if their home state will not allow them to get divorced.  Thus, a couple who marries in San Francisco but lives in Utah, can get divorced in San Francisco without having to satisfy the usual six month residency requirements.  Further, such a couple may execute a prenuptial agreement knowing that it will be upheld under California law.

Whether you are getting married, divorced, adopting, or drafting a prenuptial agreement, same sex law is an ever shifting landscape that requires careful legal analysis.  The attorneys at Jones & Devoy make it a point of pride to stay on the forefront of these ever evolving field and to make sure that your legal interests are protected.

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