QUESTION
How can I dissolve my same sex marriage in a state without living there?
Asked on Jul 04th, 2014 on Divorce - North Carolina
More details to this question:
I married in MA in 2008 to my partner. We live in NC. Sadly, it ended not too much longer after that. We did have a separation agreement here that we signed via a lawyer here in NC. Fast forward, my current partner lives in PA, and of course it is legal there now. I do want to eventually move there and marry. If I live in PA and meet resident requirements can I "divorce" in MA? I am pretty confused about it all. I know they say I must live in MA for a year, but that is impossible! Thanks.
1 ANSWER
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This is part of the problem with some states recognizing same sex marriages and some refusing to recognize them. It makes this a difficult question to answer. Since same-sex marriage is legal in PA currently, your best bet for resolving this situation is to try to get a divorce in PA since that state has personal jurisdiction over your spouse at the moment. Because NC does not recognize same sex marriages, the marriage doesn't legally exist in NC and so you cannot ask the Courts in NC to dissolve a non-existent marriage. Hopefully, either through federal judicial action or through legislative action, same sex marriage will be recognized in all 50 states in the near future and we can then offer the same remedies to same sex couples that are available to everyone else.
Answered on Jul 07th, 2014 at 5:07 AM