Same Sex Marriage and Divorce Now Recognized Nationwide

 Posted on July 31, 2015 in Divorce

In what is by far the largest victory for gay marriage advocates in history, the United States Supreme Court ruled in favor of nationwide gay marriage on Friday, June 26th. For the first time in the U.S., same sex couples can legally marry in every state and are guaranteed the same social and legal rights as a married heterosexual couple. The controversial ruling means no state can deny any couple's right to marriage, and also means that all states must now allow same-sex divorces as well.

Last year, the state of Illinois legalized same sex marriage and divorce, and was one of 36 states, plus the District of Columbia, who had already lifted the ban on gay marriage prior to the Supreme Court's recent ruling. While the decision's impact will not change much for Illinois couples looking to get married or divorced within the state, it does clear up the tangled mess of certain states recognizing same-sex marriages while others did not.

Gay couples previously faced problems while traveling or moving, as their marriages could instantly be considered invalid as soon as they entered a state where gay marriage was not recognized. In the past, same-sex couples might have chosen to travel or move to a state where their marriage would be allowed and recognized, but faced problems when moving again, as their marriage might not have been recognized even in an adjacent state. Now, same-sex couples are assured the same rights and recognition no matter which state they reside in or visit.

The ruling also impacts same-sex divorces in the United States. Many gay couples seeking divorce found separation in states that did not recognize same-sex marriage impossible, and faced difficulties with state's residency requirements prior to divorce. For example, a same-sex couple might have chosen to get married in Massachusetts, the first state to legalize gay marriage, even if they were not residents. The state had no residency requirement for marriage, so many couples chose to perform their wedding ceremony there, even though their marriage might not have been recognized in their home state.

However, getting a divorce in Massachusetts requires either one partner to be a Massachusetts resident, or otherwise a year of residency in the state. This meant that many gay couples were left with moving to another state for a year, or not being able to go through with their divorce. Nationwide recognition means that residents of any state that meet the individual state's divorce requirements now have access to divorce.

While advocates of gay marriage are celebrating the court's decision, gay couples could still face discrimination at work or in medical situations. Advocates are already focusing on working to end discrimination for all same-sex couples.

While same-sex divorce is now legal across the country, it is not something to be taken lightly. If you are considering or going through a divorce, having the guidance of a qualified Wheaton area divorce attorney can be beneficial.Contact the law offices of Stock, Carlson, Flynn and McGrath, LLC at 630-665-2500 to speak to an attorney today.