QUESTION

Hello: I have a civil union in NJ with my partner. We've been separated for 1.5 years and would like to divorce; however, neither of us is still a resident of NJ and the states in which we reside (MN and GA) do not recognize same-sex marriages or civil unions. I've been told that, due to this, we will not be able to obtain a divorce. Is this true? To potentially complicate things further, my ex-partner is now legally male (medically transitioned from female to male, changed birth cert, ss card, etc.), so... it's not even the case that we could be in a civil union any longer. Suggestions? I'm at a loss. THANK YOU, Stephanie

Asked on Mar 16th, 2011 on Family Law - Georgia
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Hello: I have a civil union in NJ with my partner. We've been separated for 1.5 years and would like to divorce; however, neither of us is still a resident of NJ and the states in which we reside (MN and GA) do not recognize same-sex marriages or civil unions. I've been told that, due to this, we will not be able to obtain a divorce. Is this true? To potentially complicate things further, my ex-partner is now legally male (medically transitioned from female to male, changed birth cert, ss card, etc.), so... it's not even the case that we could be in a civil union any longer. Suggestions? I'm at a loss. THANK YOU, Stephanie
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1 ANSWER

William/J Joanis
I assume you are in Georgia and he is in Minnesota. You are correct that Minnesota does not recognize same sex marriage or civil unions.  But, there was a case last year in which a California marriage was dissolved in Hennepin County Minnesota without requiring the two women to return to California where they had been married. The Court said it would be burdensome to ask the couple to remove to California to establish residence. The Court entered a Declaratory Judgment based on a Stipulation.  Does your ex-partner wants to proceed with the dissolution?  If so, there is a possibility of having it done in Minnesota.  You could consent to the jurisdiction of the Court. It would be worth the try. And no lawyer would deny that it would be professionally rewarding to be involved.   
Answered on Aug 14th, 2011 at 6:06 PM

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