When a married couple legally marries in one state but decides to pursue a divorce in another, it would be a potentially tricky legal situation if other states did not recognize the marriage that was completed in a different jurisdiction.  However, states do tend to recognize legal marriages from other jurisdictions, which allows for people to proceed with a divorce in a different place than where they were married.

That same norm does not necessarily apply to same-sex couples.  When they are married in a jurisdiction that allows for these marriages but then decide to pursue a divorce in a jurisdiction that does not recognize same-sex marriages, they can encounter problems with jurisdiction.  However, California and Delaware have recently passed laws that basically waive a residency requirement and allow them to obtain a divorce even though they no longer live in the jurisdiction.

Now comes word that the District of Columbia may join these two jurisdictions in providing for some jurisdictional and residence requirement relief for same-sex couples who want to legally end their marriages.  The District passed a law granting same-sex couple the right to marry in 2009, but like many other statutes of this kind, that law did not provide for a specific procedure for couples who move to jurisdictions that do not recognize same-sex marriages.  This law will hopefully assuage the concerns shared by people who felt they had no option for divorce.

San Diego Divorce Lawyers

Clearly, the issues regarding same-sex marriage are going to continue to develop and change over time as more and more situations are encountered and more and more separation exists between jurisdictions.  Fortunately, this is one situation where a governmental body has elected to act quickly in an attempt to deal with potential confusion.

If you are facing any type of family law issue and you’re not sure how you should proceed, you need to seek the input of experienced San Diego divorce lawyers who have handled many different types of unique cases over the years.  Contact the law office of James D. Scott today to schedule an initial consultation.