It is a
perfect time to look at another compelling issue now that New York has
legalized gay marriage; the problem of same sex divorce.
we all know, a lot of same sex couples go to states which have
legalized same sex marriage or even as far as a Canadian province just
to get married. However, what happens if their marriage falls apart?
These same sex couples will definitely encounter a lot of problems and
unfortunately, not many groups or organizations are looking at this
a number of same sex couples want a divorce and this has become a huge
problem, a problem that stresses out the need for marital equality in
the United States.
This intricacy coming from a phenomenon called “limping marriages.”
Limping marriages happen when couples get married in a jurisdiction
which has no gender requirements under the Marriage Act, and goes to
another jurisdiction which does not recognize their union.
limping marriage is being married in one jurisdiction, and not in
another. Same sex couples who go to one jurisdiction and marry there are
legally married in that jurisdiction. However, they have none of the
benefits or similar responsibilities in their home state.
And that is the problem.
Same sex couples do not get in their home state the ability to get a
divorce, one of the most significant parts of any marriage.
Divorce is one of the most important elements of marriage. When a
marriage is heading for splitsville, couples divorce and follow a system
in splitting up assets and establishing custody and support.
But that’s not the case for same sex couples.
have a problem in trying to divide a life built together without the
requirements to equally allocate the pieces of that life, because they
are in a jurisdiction that does not recognize their marriage.
are left by their partners without legal protection so they can’t get
the support that they need. Children are not protected by the court to
make sure that custody arrangements are in their best interest.
Although same sex couples have unfolded some alternative options, these are still legally confusing.
the most stressful part is that there must be a very close cooperation
between the parties. However this is impossible when the spouses are
extremely angry or violent.
In the end, one thing is seriously needed. The United States must recognize marital equality.
the United States, most of the jurisdictions require same sex couples
to return to the jurisdiction where they got married so that they can be
And it’s not easy.
Ontario, Canada, their Divorce Act dictates that at least one of the
partners should be a resident of that province. And becoming a resident
means staying in that place for one year, leaving their home, career and
it is unlikely that they can get a job during that time due to Canadian
visa requirements. For most people, this is obviously not an option.
people want Ontario to do more so that same sex couples are warned
about the effects of their limping marriage. However some individuals
are doubtful that this will be effective.
a few people who go all the way from traveling to another jurisdiction
and be legally married believe that their marriage will fall apart and
eventually get a divorce.
Find local divorce information, click here: https://www.divorcemag.com/findprofessional.php.