When same-sex marriage became legal in Rhode Island on August 1, 2013, so did same-sex divorce. Although same-sex couples have the same legal protections now as heterosexual couples, they do confront special concerns during divorce.
One gay couple married in Massachusetts in 2008 before moving to Rhode Island. They separated in 2011 but could not divorce legally in Rhode Island. To divorce in Massachusetts, one of the spouses would have had to reside there for at least one year. They lived in limbo in Rhode Island until August 1.
Same-sex couples who are considering flying into Rhode Island now for a “quickie” wedding should realize that there is no “quickie” divorce option. Rhode Island also has a one-year residency requirement for divorces.
As very little case law exists to guide courts through same-sex divorce issues, issues couples face include:
The knowledgeable and experienced family law attorneys at Kirshenbaum Law Associates guide same-sex couples through the complications of divorce, helping them to protect their new rights.