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Same-sex couples now encountering a fight to divorce

New Jersey residents involved in divorce know how complicated disputes can be. Now that same-sex marriage is legal in many states, inevitably same-sex divorce is occurring as well.

A new divorce issue has cropped up in recent years as some states, but not all, offer same-sex couples the right to get married. As a result, many same-sex couples travel to other states to get married. Later on, after they have returned to their home states, some find that their marriage is on the rocks and a divorce is inevitable. Often they are not able to get a divorce because their home state does not recognize same-sex marriage and therefore they don't grant same-sex divorce.

This can obviously be a big problem for these couples. One couple got married in California but live in Mississippi. Since Mississippi does not recognize same-sex marriage they would need to travel back to California for a divorce. Moreover, even if they do receive a divorce in California, their attorney argues that Mississippi won't recognize the divorce and their marital property could remain in limbo. The couple filed for divorce in chancery court in hopes to have the state of Mississippi proceed with their divorce.

In New Jersey, a state which recognizes same-sex marriage, couples experiencing a divorce dispute may find a legal professional skilled in family law to be helpful in resolving their complicated issues. A family law attorney can help couples with property disputes, child custody arrangements, alimony and other divorce legal issues. They can negotiate fair settlements and lead clients through the entire process. Finally, such a professional can help same-sex couples with their unique concerns, as well as all couples with issues that may span several states.

Divorce has become commonplace among New Jersey residents for both same-sex couples and traditional couples. Knowing their legal rights in these situations is critical to making sure the divorce is fair and ensuring couples are able to move on.

Source: Christian Science Monitor, "Some same-sex couples fight for right to divorce," David Crary and Holbrook Mohr, Dec. 1, 2013

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