Tag Archive for: Same Sex Divorce

Normally, you get divorced in the place where you live, not where you were married.  And there is typically a residency requirement.  In DC, for example, at least one of the parties must have been a resident of the jurisdiction for six months immediately prior to filing a complaint for divorce.

But what if you can’t get divorced in the state where you live?  Same sex couples can’t get divorced in Virginia.

Earlier this year, DC passed an amendment to the law that creates an exception to the residency requirement.  Now, same sex couples can file for divorce in DC if they were married in DC and both parties now live in a state that does not permit them to be divorced.  DC Code Section 16-902.

The Maryland Court of Appeals ruled today that a same-sex couple, lawfully married in another state, could obtain a divorce in Maryland, even though Maryland law prohibits same sex marriage within the state.  The Court based its decision on principles of comity, which recognizes the lawful actions of other states.  Port v. Cowan (2012)