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Same-sex marriage OK, same-sex divorce, not so

In 2008, the road was paved with happy same-sex couples headed to California to tie the knot, thrilled to be part of gay history. At that time, there were two states allowing same sex marriages to be performed, Massachusetts and California. Romantic moments were not just timely, they were political, and they felt part of the movement that was defying Proposition 8.

Some of these unions, as with all humans, ran their course. Years later, as couples found themselves residing in other states, there were few options available to get un-hitched. Gay divorce was a whole other issue.

One couple residing in Mississippi was refused a divorce since the court did not recognize their union in the first place. Legal advisors argued that divorce was an issue of equal protection under the law. But the decision stood, according to the way current laws were written.

Same-sex couples are fighting divorce battles in other states. Legal experts do not see a solution anytime soon, particularly in light of the Supreme Court's ruling to allow spousal benefits for same sex marriages. Some states have residency requirements, so living in one state can present legal headaches for same-sex couples who marry here and try to divorce there.

The issue seems to be that while it is easy to get married, it is difficult to get divorced. These issues affect not only gay couples, they affect the entire gay rights movements. Experts envision same sex marriages as becoming legal everywhere, but in the meantime, we are left to contend with all the consequences of a union's dissolution, including custody fights, children, spousal support and other marital woes.

One piece of good news is that California has removed the residency requirements for same-sex couples living in other states wishing to More And More Gay People Can Get Married ... But Can They Divorce?" Lila Shapiro, Dec. 05, 2013

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