Same-sex marriage was just recently legalized in the state of Illinois. However, the majority of states in the union do not recognize the legitimacy of same-sex marriages under the law. As a result, many couples are left in legal limbo in regards to marriage and divorce issues. In fact, some individuals seeking to end their marriage have little to no legal recourse because of where they live.
As obvious as the findings may seem to some, a Stanford University study recently confirmed that gay and straight couples have the same success and failure rates. As such, it may be estimated that same-sex marriages would be as vulnerable to divorce as any others. That is why some gay-rights advocates promote divorce equality. They argue that same-sex couples should be granted the same legal protections as straight c.
The truth remains, however, that only 16 states and the federal government recognize same-sex marriages as legal. That means that the vast majority of states currently fail to grant same-sex marriages or divorces. Same-sex couples that leave their home states to wed can be forced to divorce out of state as well; though, doing so does not necessarily guarantee that the dissolution of the marriage will be recognized in their home state either. Successful same-sex divorce cases are on the slow rise, but many more have been denied.
As marriage equality continues to spread across the country, the idea of divorce equality will surely follow. For now, however, same-sex divorce can be a long and difficult process for many.
Source: Fox News, “Some states see fight for right to same-sex divorce,” Dec. 1, 2013