While same-sex couples across the country fight for the right to marry, others are fighting for the right to divorce.
A patchwork of state marriage laws and the federal Defense of Marriage Act has made the process of unraveling a relationship extremely difficult — and expensive.
A same-sex couple who marries in one state and later relocates to a state that doesn’t recognize the marriage, for example, may be unable to get a traditional divorce. Often, they either have to move to the state where they married to establish residency or dissolve the marriage outside of the court system. Some states call this a dissolution of marriage instead of a divorce.
In most cases, this means filing a civil lawsuit — or multiple lawsuits. With no threat of a trial or a judge to make a ruling, couples often get stuck in negotiations and the lawyer fees can really pile up, said Kevin Maillard, a law professor at Syracuse University specializing in nontraditional families.
Written by Blake Ellis. To read the full article, click here.