In the past many couples,
who can't marry in their home state, going somewhere else to legalize their
relationship looks like an attractive option?
Some couples took advantage of that option. They registered as civil
union partners in Colorado while visiting, and then, after returning home to
Oregon, registered as domestic partners with their city government. Maybe they
even flew out to California and got married there. Same sex marriage is legal
in over 32 states. That number is certainly going to grow.
And now they want to
END their
relationship. If this describes you, you're probably wondering what to do.
First, it's important that you do something. Once you've decided to break
up, remaining legally registered as a partner, let alone married, means you
continue to be financially and legally bound to your partner
You now come under the same divorce laws that opposite-sex couples have been
for years.
One must consider:
·
Alimony
·
Child Support
·
Equitable distribution of property acquired
during marriage
·
Businesses being valued and split between
couples.
·
High asset divorce.
·
Parenting plans
·
Custody and visitation
·
Relocation of children
All the same issues those opposite-sex couples have enjoyed for many years.
Instead, most states require you to go through the same divorce process that
opposite-sex couple’s use, involving the local family court. If you have more
than one state registration, you should probably try to file for termination of
the one you entered into first, but make sure that you ask the court to end the
subsequent partnerships at the same time. Another option is to take legal steps
to end the relationship that's legally the strongest -- in other words, if you
are both married and registered as domestic partners, terminate the marriage
and try to get the court to end the domestic partnership at the same time, as
part of the same proceeding. You may want to talk to attorney Garrick N Fox
about the best way to go about ending your legal relationship.
You might think you can just return to the state(s) where you registered and
complete the legal process there -- but most states have residency requirements
for divorce, some as long as a year. While these couples share the emotional
hardship of divorce with their opposite sex counterparts, there is added legal complexity
in same-sex divorces. This is a new and evolving area of family law, and the
Law Office of Garrick N Fox is one of very few Florida law firms
skilled in handling these cases and the unique circumstances that they present.
