New D.C. divorce statute aids gay couples

Once again the ability for same-sex couples to divorce makes the news. Last week, the Maryland Court of Appeal held that two women married in California could divorce in Maryland, thus establishing that Maryland will recognize marriages between same-sex couples married outside of Maryland. This week, a new statute going into effect in the District of Columbia allows couples that have been married in the District to divorce in the District if the couple is unable to divorce because both of them live in jurisdictions where their marriage is not recognized.

The District, like all almost all jurisdictions, has a residency requirement for couples to be eligible to divorce here. This law creates an exception to that requirement so that couples who both live where their marriage is not recognized, but were married in D.C., will be able to divorce here. Since the District has no residency requirement to get married here, many couples have come from around the country to marry here, but, like opposite-sex couples, 50 percent of those marriages will break up.

Until now, for those couples who both live in states that do not recognize our marriages, it has been impossible to divorce without one member of the couple moving to a jurisdiction that does. Now, there is a rebuttable presumption in this new law that any state with laws prohibiting our marriages will not allow same-sex couples to divorce in that state. So, for example, Virginia certainly qualifies. So does North Carolina. But, because of the decision in Port v. Cowan last week, we can definitely take Maryland off that list.

Read More: Washington Blade