QUESTION

How do I file a civil union divorce for gay couple who are living in different states?

Asked on Jul 01st, 2014 on Divorce - Texas
More details to this question:
We entered a civil union close to 7 years ago. That state I believe later changed all civil unions into legal marriages. I now live in another state and need to end that marriage. What are my options? We don't live in the same state.
Report Abuse

4 ANSWERS

John Arthur Smitten
Use of a lawyer is recommended.
Answered on Jul 04th, 2014 at 9:51 AM

Report Abuse
Florida does not recognize gay marriage, and therefore will not grant a divorce to a couple lawfully married in a state that does recognize gay marriage. If the state in which you presently does not recognize gay marriage, and therefore offer gay divorce, your options are limited. If the state in which your former partner resides does recognize it, you may be able to work out an agreement and then invoke the jurisdiction of the court in his state based upon their residency there (if they meet the residency requirements). If neither of you reside in a state that recognizes gay marriage and therefore gay divorce, it is more complicated. You should consult with an attorney.
Answered on Jul 03rd, 2014 at 4:26 PM

Report Abuse
Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
Update Your Profile
This is a very complicated area of the law and is ever changing. The place to file, if possible, would most likely be where they last resided together. What you need to do is actually go see an attorney, face to face.
Answered on Jul 03rd, 2014 at 4:04 PM

Report Abuse
Wills and Estate Planning Attorney serving Sugar Land, TX at Law Offices of Kimberly D. Moss, PLLC
Update Your Profile
Your question indicates that you are in Texas. I'm not sure where your estranged partner is, but Texas does not recognize a legal marriage between individuals of the same sex. If you two own property together or have children together, you will probably need to seek remedies to address those issues in court. However, you may need to get formally divorced in whatever state you were originally married in because there technically is no divorce option available for gays and lesbians in Texas. Speak to a local attorney about the particular circumstances surrounding your marriage to determine what the best course of action is for you to take.
Answered on Jul 03rd, 2014 at 11:10 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters