San Francisco-based family law attorney Arlene Kock provides legal services to clients in the Bay Area. In addition to specializing in child-custody mediation and divorce law, Arlene Kock represents numerous same-sex couples.

1. By Arlene Kock

2. San Francisco-based family law attorney
Arlene Kock provides legal services to clients
in the Bay Area. In addition to specializing in
child-custody mediation and divorce law,
Arlene Kock represents numerous same-sex
couples.

3. With New Jersey recently added, Same-sex
marriage is now recognized in fourteen
American states, and couples nationwide have
taken advantage of new legislation by traveling
to gay-friendly jurisdictions to exchange their
vows. But for those unions that may not
survive, complications exist that could prevent
couples from divorcing or making important
decisions about such matters as division of
property.

4. Should a same-sex married couple have their domicile
registered in Texas, Florida, or Ohio, for example, it is
not possible to divorce through the state courts. This is
because these state courts do not recognize the samesex marriage as legally binding. Some states, such as
California, have relaxed residency requirements to
accommodate marriage dissolution for same-sex
couples unable to dissolve a partnership in their home
state, as long as the marriage took place in California.
However, if the partners are not residents of California,
the court may still be restricted from making decisions
about debt, property, or child support. Additionally,
should a divorce decree be issued, it may not be
enforced in the home state’s jurisdiction.