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Couple married in Massachusetts seeks same-sex divorce

Even before the Supreme Court ruling against the Defense of Marriage Act, divorce was tricky, at best, for couples married in states that allow same-sex marriage, such as Massachusetts, but living in a state that bans it. Now, weeks after the ruling, states seem to be muddling through the implications of the ruling on individual states. One couple seeking a same-sex divorce has become very familiar with the effects of marrying in one state, and divorcing in another.

The couple married in Massachusetts. However, they cannot divorce there because they do not meet residency requirements. While they filed for divorce in their current state, where same-sex marriage is banned, the case has yet to be completely settled.

It is still unclear exactly how this divorce will play out. However, the court in which they filed now says they must accept the divorce petition in light of the Supreme Court’s recent ruling, despite the fact that same-sex marriage is not allowed in the state. Representatives for the court believe that the ruling will require courts in several states to face novel situations.

While states attempt to work through the ramifications of the latest ruling, some lawyers feel that same-sex divorce will be allowed in all states even if same-sex marriages are banned. Any couple married in Massachusetts will be interested in learning how this case is ultimately resolved. While the country has taken great strides in the last two years toward ensuring equal rights for everyone, each state will need time to sort out the meaning of the latest ruling.

Source:, “Same-sex divorce case forced in Indiana courts,” Peter Johnson, July 2, 2013

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