top of page
  • Writer's pictureJames Chau

Difficulties in Same Sex DIvorce

Updated: Oct 17, 2022

This is a topic I’ve written about several times before in my blog. The patchwork of laws out there are proving very difficult for same sex married couples to get divorced. If you thought getting married for a gay couple was difficult, think again. Gay divorce is proving to be very difficult legally for many couples as I found when reading an article recently.

Many gay and lesbian couples are fighting for the right to divorce. Because most states, and the federal government, don’t recognize gay marriages, many same-sex couples are left with no way to officially split. For states that do recognize gay marriage, gay divorce is still difficult because gay marriages aren’t recognized by the federal government or the IRS.

The article gives the example of an out-of-state couple who goes to Massachusetts to marry, or a couple who lives in-state and then moves away. If they are out-of-state or move from the state after marriage, they can’t divorce in Massachusetts because they’d have to be a resident for at least a year. And to further complicate the matter, if the couple’s home state doesn’t recognize gay marriage, they can’t divorce there either.

Many couples who want to split are forced to wonder if remarriage would be considered polygamy, what the other party’s property claim would be, or how they will solve custody issues.

If there are any legal questions you may have, I encourage you to, please contact my San Jose Divorce Lawyers office. My San Jose Family Lawyer offices assists many people who are going through family law related issues. We have many Affordable San Jose Divorce Lawyer solutions for many different budgets. We help many individuals through this very chaotic period in their life. Proudly serving the following cities, Fremont, Milpitas, Los Gatos, Cupertino, Mountain View, and Santa Clara.

3 views0 comments

Recent Posts

See All

Father's Rights and Lesbian Partners

The new world issue of alternative families and the intersection of the old family code is causing some changes to the law. I read this interesting article today about LGBTQ rights in paternity consid

Santa Clara County Rush to Complete Divorce before 2018

I’ve been coming across many articles lately revolving around the rush of couples to finalize their divorces before the end of the year. As is normal around December, many couples want to finalize th


bottom of page