The Current State of Same-Sex Divorce in America

Posted By Menduni Martindill, PLLC || 19-Apr-2013

In the U.S., only nine states permit same-sex marriages: Washington, Iowa, New York, Maryland, Connecticut, Massachusetts, Vermont, New Hampshire, and Maine. What happens if a same-sex couple marries in New York, moves to a different state, and decides to get a divorce? Same-sex divorce can be very complicated. If a state doesn't allow same-sex marriage, how can it recognize a same-sex divorce?

Most states, including Texas, do not recognize same-sex marriage or divorce. However, some states allow same-sex divorce even though they don't recognized the actual marriage. California, Nevada, Colorado, Illinois, and New Jersey recognize same-sex marriages from other states like they would an in-state civil union.

Rhode Island and New Mexico, on the other hand, recognize out-of-state same-sex marriages for all purposes, not just divorce; while Wyoming and Arizona only recognize out-of-state same-sex marriages for the purpose of divorce. Click here to see a map of same-sex marriage and divorce laws in the United States or visit our website to learn more about divorce laws in Texas.