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It has been reported that many same-sex spouses had difficulty getting divorced prior to the U.S. Supreme Court’s ruling repealing the defense of Marriage Act (DOMA) in 2015 which legalized same-sex marriages.  

Married same-sex couples who relocated to states that did not recognize marriage equality were barred from getting a divorce in those states. After years of fluctuating laws, the matter has finally settled at the federal level but it is important to refer to your state’s laws in the event your matter is more complex. 

Most states require at least one spouse to maintain a residency within a state before a divorce will be granted however, many states do not have a residency requirement. 

The rules of same-sex divorce are still being written. There are so many unanswered questions. If you have children, what are their legal relationships to each parent? Will someone be filing for alimony? Issues may include property distribution and child support. 

If you or someone you know would like more information on your questions relating to same-sex marriage and same-sex divorce, contact an attorney at Oxner Legha Law Firm by calling (346) 327-9500. 

Arpita Legha

Author Arpita Legha

Attorney Legha is licensed in the State of Texas and is a member of the State Bar’s Family Law Section. More about Arpita Legha.

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