Ask Avvo: Where can we get a same-sex divorce?

Avvo, Divorce, Family/Kids, LGBT, Tips & how-to

Q: I’m a woman, and I married my wife last year in California. We moved to Arizona shortly after our wedding and things aren’t working out. We’re considering a divorce, but we’re not sure how that will work because Arizona, our current home state, does not allow same-sex marriage. What can we do?

A: While more and more states are passing laws that allow for same-sex marriage, not all states currently support equal marriage rights. One problem that arises is that although you were legally married in a state that recognizes same-sex marriage, if you attempt to divorce in a state that does not recognize same-sex marriage, you will be prohibited from doing so.

Your only choice in this situation is to relocate to a state that recognizes same-sex marriage and same-sex divorce. You should note that residency requirements for a divorce differ from state to state, so you need to check the laws before attempting to move forward with the divorce.

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