Divorce of same-sex couples

The extension of civil marriage, union, and domestic partnership rights to same-sex couples in various jurisdictions can raise legal issues upon dissolution of these unions that are not experienced by opposite-sex couples, especially if law of their residence or nationality does not have same-sex marriage or partnerships.

In jurisdictions where same-sex unions are not possible, also divorce or annulment is often not possible, while general conflict of law rules sometimes exclude divorce in the jurisdiction where the marriage was celebrated.

In some jurisdictions divorce is possible, even if marriage is not possible. They are listed below:

Before the case of Obergefell v. Hodges couples in same-sex marriages can generally obtain a divorce only in jurisdictions that recognize same-sex marriages, with some exceptions. Same-sex couples attempting to divorce in Texas, which does not recognize the validity of same-sex marriages, have met with different results and two cases are pending before the Texas Supreme Court. Two women who had legally married in Massachusetts and moved to Florida are challenging that state's ban on same-sex marriages in order to divorce. The Florida litigants' petition for divorce was dismissed by the trial court, but they are appealing, and the Family Law Section of the Florida Bar has moved to file an amicus brief in favor of the right to divorce by same-sex spouses. The federal government's denial of recognition to same-sex marriages prior to United States v. Windsor meant that prior to 2013, the assets transferred in a divorce settlement were treated as gifts. Same-sex couples in states that deny them access to divorce can end their legal relationship at greater cost by bringing a civil suit.

When Delaware and Minnesota legalized same-sex marriage in May 2013, they gave their respective state courts the authority to conduct divorce proceedings in cases where a same-sex couple married in the state but neither party resides in a state that recognizes their marriage.

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Wikipedia