More than 30 states and the District of Columbia allow marriage for same sex couples. Thus, couples married in these states are entitled to federal benefits that are afforded to heterosexual couples. There are 15 states which have a ban on same-sex marriage while 6 states have gay marriage bans that have been overturned but that have appeals currently in progress.
For same-sex couples who had to travel from their home-state to another state to get married, things can get even more difficult if they decide to split up. Couples living in states where same-sex marriages are still not legal and who do end up getting married in another state which allows it, cannot get divorced in their state of residence. To make things worse, the state they got married in will also not allow them to get divorced unless and until they become a resident of that state.
In most states, one is required to live at least six months before you can become a resident. You also have to establish authentic residency by getting utilities and a driver’s license. In short, divorce for same-sex couples can be a fairly complicated procedure.
As Meaghan Hearn, an attorney points out, “It’s more than just an address change. You’re talking about kids. You’re talking about owning a house in one state, having kids in school in one state. You’re already going through a tough time separating from your spouse, and to add this on top of it is another layer of complexity.”
The fact of the matter is that when same-sex marriage was first legalized in Washington D.C. in 2010, there was a great deal of excitement. Many long-time gay couples as well as those who had just been together a few months went to the courthouse and got married. Many just got carried away with all the hype and excitement while others wanted to capitalize on the opportunity as it finally happened. But as the hype wore off, so did a lot of marriages.
Advocates for marriage equality are now trying to get the Supreme Court to not only ensure marriage equality in terms of marriage but also for divorce. They also want states that recognize out-of-state marriages to also recognize same-sex marriage.
After all, getting a same-sex divorce is a tough decision. Having to move to a different state to achieve that is not at all ideal. The logic of advocates fighting for marriage equality is that if straight people can get a divorce in their respective state without a hassle, why same-sex couples can’t have the same facility.