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Same-Sex Divorce

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Can Married Same-Sex Couples Get a Divorce?

Now that same-sex marriage is legal in all 50 U.S. states, same-sex couples may divorce under the laws of any state that they wish to get divorced in. This is a welcome change for those same-sex couples who traveled to another state to get married but could not divorce in their state of residency because their marriage was not recognized.

State divorce laws now apply to all married couples. However, states vary their divorce laws in several ways:

  • Residency requirements for divorce (how long a couple must live in a state before initiating a divorce there)
  • Grounds for no-fault divorce  (i.e. a breakdown in the marriage or “irreconcilable differences”)
  • Grounds for at-fault divorce (i.e. adultery or domestic abuse)
  • Rules for filing for divorce
  • Laws of property distribution, child custody, alimony, and child support after divorce

Do I Need a Lawyer for My Same-Sex Divorce?

Reaching fair agreements during a divorce involves skilled negotiation and careful understanding of the many different aspects of a marriage. If you are considering divorce, you may require representation by a divorce attorney.

Photo of page author Alexis Watts

, LegalMatch Legal Writer

Last Modified: 11-09-2017 12:23 AM PST

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