The Problem with Gay Divorce

Getting married is easy.  Divorce is not always as easy.

Marla and Jane had a civil union in Vermont in 2001, after living together in Silver Spring for two years.  A year later, they had a daughter together.  A court in Maryland approved a second-parent adoption that same year.  Unfortunately, when their daughter was five, Marla and Jane began to have marital problems, and after two years of struggle, they finally decided to separate.

Marla and Jane worked cooperatively to creat a co-parenting arrangement for their daughter.  They successfully moved on with their lives.  After two years, Marla started dating Sophia, and Marla and Sophia decided to get married.  It was then that they discovered a problem.  Marla and Jane were still united in a civil union under Vermont law. 

While there is no residency requirement to become married or unioned in Vermont, one must be a resident of Vermont for six months before a Vermont court will have jurisdiction to issue a divorce.  This problem is not limited to Vermont.

Fortunately, with recent developments in the law, at this time, Maryland and D.C. appear to recognize Vermont civil unions, and it is likely that D.C. and Maryland courts will take jurisdiction over divorces for people who live there.  A couple residing in Virginia will not be able to get divorced.  However, this is a constantly changing area of law and you are advised to seek counsel for more definitive information.

Lippman, Semsker & Salb has been representing gay and lesbian people in domestic partnerships, estate planning, dissolutions, adoption, and discrimination matters for decades.  Our strong domestic relations practice combined with our experience in GLBT legal issues makes us uniquely well-qualified to assist gay and lesbian people with prenuptial arrangements and divorces.