Minnesota has now become the 12th state in the nation to recognize same-sex marriage. While same-sex marriage does appear to be a growing trend across the nation, even states that do allow it will not necessarily provide uniformity as to the way the marriages are conducted or recognized. And simply because a couple is allowed to marry in one particular state does not guarantee that they will also be allowed to obtain a divorce in that state.
It is possible that the two cases that are to be tried in the United States Supreme Court will provide clarification as to how these cases should be handled. However, that is not a guarantee. The court may rule narrowly on the issue or even decline to recognize that same-sex marriage is a right that needs to be recognized by every state.
Also, even if the Supreme Court decisions to bring some guidance to these issues, each state will still likely implement their own laws and procedures regulating same-sex marriage. Since there is already a variety of ways that states handle marriages involving a woman and a man, we should expect the same variations when it comes to treatment of same-sex marriage.
Because of the differing ways that each state has addressed the question of same-sex marriage, attorneys addressing a client’s needs will require familiarity with that particular state’s laws. Legislatures in Minnesota will still hammer out additional legislation when it comes to visitation, child support and child custody in the event of a divorce or separation.
Anyone with questions regarding how Minnesota handles issues of marriage or divorce would thus be advised to speak to an attorney licensed in Minnesota that practices specifically in the area of family law.
Source: Huffington Post, “Divorce Inequality: What Same-Sex Couples Should Know Before They Say ‘I do’,” Morghan Leia Richardson, May 28, 2013