As this article above article illustrates, there have been numerous changes nation-wide with regard to the dissolution of same-sex marriages/civil unions; however, once these couples move to a state that does not recognize their unions, they are unable to legally dissolve the union if they separate.
In March 2013, Colorado passed the Civil Union Act which provides thousands of same sex couples the legal protections and responsibilities similar to a legal marriage. Civil Unions in Colorado also allow for legal separation and dissolution of the Civil Union. However, in many states throughout the country, same sex marriages are still not recognized which creates a hardship to same sex couples who wish to get a divorce.
The issue occurs when same sex couples that are legally married in one state that recognizes the union, then move to another state that does not so recognize, and therefore, are unable to obtain a legal divorce or separation in that second state. Many of these individuals struggle with finding a solution.
Some same sex couples even consider moving to a state that recognizes same sex unions for the statutory time period necessary to establish residence, and therefore, enables them to file a petition for dissolution. In Colorado, one must reside in Colorado for at least 91 days prior to filing for a legal separation or dissolution of a civil union.
Please contact the Domestic Group at Feldmann & Nagel, LLC for all of your domestic partnership and family law needs.