I am a lesbian living in Virginia. My wife and I got married in Maryland, June of 2013. I need to know if I can divorce her while living in Virginia or do I have to move to Maryland. Allison
That is a very good question! Until recently, we could not do same-sex divorces in Virginia because Virginia law refuses to recognize your marriage. But the Federal 4th Circuit Court of Appeals recently found that law unconstitutional. I'm pretty sure that decision is on appeal to the U.S. Supreme Court, so I'm not sure if while the appeal is pending we can do same-sex divorces in Virginia or not! We can try to find that out, but we may not need to if your spouse is still living in Maryland, you can obtain a divorce there regardless of where you live. If you both live in Virginia, then we'll need to figure this out because at least one of you does have to reside in the state where you file.
This answer is given in accordance with the laws of Virginia and may not be applicable in any other state. It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case. If you need further information or assistance, please feel free to contact my office for a consultation.
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