Prior to the Supreme Court making same-marriage legal in all 50 states, there were many states that still failed to recognize same-sex marriage. With these particular states not recognizing same-sex marriage, it meant that they did not grant same-sex divorces either. Now that same-sex marriage has become legal in all 50 states, same-sex divorces may be granted as well. Just as the number of marriages in the U.S. may see a rise, there may also be a rise in divorce.
One Ohio woman was denied a divorce when she first filed because at the time of the filing gay marriage was banned in her state. The judge had originally granted the divorce when it was filed in 2014, but it was undone once he realized it was a same-sex divorce. Following the legalization of gay marriage in all 50 states, the woman has once again filed for divorce and is hoping for it to be granted this time around.
This particular incident may not be the first to have happened since the ban was lifted. Many couples may not have had the opportunity to divorce in their state due to there being a ban on gay marriage, but now that it is legal, there may be a rise in same-sex divorces in these states. There may also be several couples filing for a second time because they were denied a divorce the first time they filed.
For those in a same-sex marriage that wish to file for divorce, it may be wise to seek the assistance of an attorney. With any divorce, they may be a dispute and issues to be resolved prior to the divorce being granted. An attorney may be able to help with these disputes and obstacles that can cause a delay in the divorce process.
Source: WOUB Digital, “Same-Sex Couple Who Were Denied a Divorce File Again,” Ben Postlethwait, July 16, 2015