For a same sex couple, getting married in Connecticut is easy enough. Simply, go to the town clerk for the marriage license, pay the fee ($30 I believe) and get married within 65 days of the marriage license being issued. The parties need not be Connecticut residents to be married here.

Now the tricky part: getting divorced.

Here is a quick analysis:

1. Does the state recognize the same-sex marriage as a legal relationship?

A same sex couple can only get divorced in a state that recognizes same-sex marriage. At last count, including Connecticut, there were six states that allowed same-sex marriages. Clearly, these states also permit same-sex divorces. Three other states, (New York, Rhode Island and Maryland) do not permit same-sex marriages but recognize same-sex marriages performed in other states as legal. Therefore, they allow same-sex couples to obtain a divorce in their state.

And that’s it. No other states will grant a same-sex divorce.

But it’s not as easy as just finding a state that will grant a sex-same divorce.

2. Do one of the spouses meet the state residency requirement?

All states have residency requirements that must be satisfied before a court of that state will grant the divorce. In Connecticut, as a general rule, the residency requirement is 12 months. There are limited exceptions to the 12 month residency requirement. The point to keep in mind is, whether it is Connecticut or another state that grants same-sex divorce, a spouse must have a legitimate connection to that state before a court will hear the case.

 

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