Whenever a heterosexual couple decides that their marriage is over, there is little doubt that a legal divorce will be the ultimate result. For homosexual couples, however, a same-sex divorce is not always a foregone conclusion. This is partly because gay marriage is a relatively new concept and so, too, is gay divorce. Maryland itself only recently legalized same-sex marriage and states across the nation appeared to be following suit.
Statistics are still being formulated, but same-sex couples are at the beginning of a logical divorce boom due to the fact that more couples are becoming eligible for both marriage and divorce. Some statistics indicate that the marriage rate among gay couples is approaching that of heterosexual couples as it becomes a legal option in more and more states. At the current moment, statistics indicate that annually, one person of same-sex marriages are dissolving versus 2% of opposite sex couples. That gap may eventually vanish as gay marriage becomes more prevalent across the nation.
As we have discussed on this blog before, problems can crop up when gay marriage becomes legal in some states but not others. This is because states often have vast differences in how they treat same-sex marriages from other states. Additionally, the federal Defense of Marriage Act also makes things problematic as far as taxes, pensions and inheritance transfers are concerned.
Residency requirements are often required for divorces even when not required for marriages, and this has become one of the big problems for couples seeking same-sex divorce when it comes to the differences in how states treat the issue. This means that a same-sex couple which marries in a state where it is legal but lives in a state where it is not may have a complicated conundrum since they may be unable to divorce in either state. Couples which are experiencing problems like these may wish to seek someone experienced in practicing this type of law in Maryland in order to find out what their options for divorcing may be.
Source: nymag.com, ” From “I do” to “I’m done”,” Jesse Green, Feb. 24, 2013