Recognizing same-sex marriages is not the same as recognizing heterosexual marriages. The laws on marriage vary from state to state. The scope of recognizing same-sex marriages varies from country to state, as well. The expansion of civil marriage, domestic partnership, and traditional civil marriage rights for same-sex partners in different jurisdictions could raise new legal questions upon separation of such relationships after the conclusion of their weddings.Do you want to learn more? Visit Same-Sex Divorce In Maryland
In the United States, there are no federal laws to recognize same-sex marriages. Several states have civil unions or Domestic partnerships laws with definitions that vary from state to state. For same-sex marriage couples, the state definitions may include residency requirements, property division requirements, or any other requirement that the couple elects to follow. These states also have differing rules with regards to how soon a civil union or Domestic Partnership will be terminated following an engagement ceremony.
In Canada, same-sex divorce is not recognized. Currently, the only recourse that same-sex individuals have in Canada for a divorce is in the court of the justice of the country. Unlike in the United States, same-sex individuals are not permitted to file joint lawsuits, apply for child custody, or apply for spousal support in the event of a divorce proceeding. Currently, same-sex couples who are seeking a divorce cannot utilize the same grounds that heterosexual couples use in a divorce proceeding. No matter what, same-sex couples cannot marry while they are under any criminal charges, nor can they maintain any form of conjugal relationship outside of the institution of marriage
In some instances, the family law judge may award shared parental responsibility. Shared physical and legal responsibilities between two people are defined by each state’s law. The judge may also award certain privileges to one spouse. Although same-sex parents can petition for same-sex divorce, the courts usually do not grant the request unless one of the spouses can prove that s/he would suffer a great deal of financial hardships if the marriage were dissolved.
As a general rule, same-sex couples have the same rights to obtain a divorce as married opposite-sex couples. No gender preference is recognized in family law. There are no special protections extended to same-sex divorce, no longer does a married couple have to prove their partner was the subject of sexual abuse in order to obtain sole custody of their child(ren), nor does a same-sex spouse have to prove that s/he is not receiving a fair amount of spousal support from the other spouse. Spouses do, however, have the right to pursue alimony in the event that they choose to remarry. Alimony is determined by each state’s laws and, if applicable, is subject to change upon the remarriage.
Like many issues affecting the changing social landscape, there are a number of debates surrounding the definition of “marital sin.” The traditional concept of “fornication” has been used to exclude same-sex marriages from the realm of valid divorce proceedings for decades. There are many sources on this matter. The Family Research Council, an organization that opposes same-sex marriage, defines “fornication” as “engaging in sexual relations outside of the institution of marriage.” However, the term is also used in the context of “sodomy” and “adultery.
Currently, there is no legislation in most states that allows for same-sex divorce. Even if such legislation were introduced, it would face an uphill battle in the House and likely be opposed by many Democratic representatives, whose support is essential to passage. Most of the states allow same-sex marriage because the court systems have already deemed such unions to be legitimate. For those same-sex couples seeking a legal divorce, the road to getting divorced is still long and arduous.
It’s important to note that just because same-sex marriage is permitted in one state doesn’t mean that it is legal in all states. Marriage laws vary between the states and jurisdictions, as well as the nature of the relationship itself. Each of these elements is considered when establishing the parameters under which same-sex divorces are recognized. When it comes to determining the parameters governing a same-sex divorce, same-sex couples may find themselves facing even more obstacles than opposite-sex couples. While these obstacles are expected to rise, they do not necessarily point towards the impossibility of same-sex divorce. Like any legal proceeding, the determination of what constitutes a valid divorce rests on the facts of each individual case and must be determined by a judge based on each couple’s unique situation.