Now that the U.S. Supreme Court has ruled that same-sex couples can get married in any state, many are headed to the altar to finally legalize their unions. However, others are heading for divorce court. Because same-sex marriage was not recognized in all the states, a couple who was legally wed in a state that did allow same-sex marriage faced difficulty getting a divorce in a state that did not recognize the unions.
In these situations, some couples were left with the only option of returning to the state they got married in and petitioning for a divorce there, but this was easier said than done. Many states have residency requirements for those wishing to divorce, and living in the state for six months or longer is not always feasible. However, as a result of the landmark Supreme Court decision, one Tennessee couple may finally get their divorce.
The two men were legally married in the state of Iowa in 2010 but filed for divorce in Tennessee in 2014. Because same-sex marriage was not legal in Tennessee, the state refused to recognize the couple’s marriage. That made it impossible for them to divorce. On July 10, the attorney general sent a letter to the state’s court of appeals, saying that the office no longer objected to the couple’s divorce.
As family courts in Tennessee and across the rest of the country work to implement these changes, there may be some hiccups along the way. It’s important to get legal guidance to help ensure that you are prepared for the court proceedings and that your interests are protected in a divorce settlement.
Source: WVLT Local 8, “Tennessee attorney general drops same-sex divorce case,” July 11, 2015