Did you?
I have former clients who live in California and married here in Massachusetts last year. They contacted me recently asking about divorcing. I'm definitely not in the business of divorce, but what I told them is that, in order to divorce, one of them would need to move to Massachusetts and establish residency here. After residency was established, they could then file for divorce in Massachusetts.
So if they live in California, why can't they divorce in California? Straight couples don't need to move to divorce.
California doesn't recognize their legal Massachusetts marriage as a marriage. As far as that state is concerned, that couple are merely domestic partners. And California has the right to make that call - the federal government says so.
There have been gay divorce court cases in both Texas and Pennsylvania where couples have sought to divorce without establishing residency in the state where they were married. In all instances of legal battles for gay divorce, the couple has been denied that right. Why?
Because if a state says it's OK to have a gay divorce, then they are, in a backwards way, saying it's OK to have a gay marriage! And they are simply not ready to say that.
Gay marriage is messy political and legal business - but gay weddings are fabulous! It's worth it and one of these days, this stuff won't matter anymore. I can't wait.
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