Posted on Jul 22, 2014
How do same sex couple get a divorce in the military if it's not recognized by the State?
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I am dual military married to another military member, we are a same sex couple . We have been seperated for over a year now and we cannot get a divorce. We are both are legal residence of other states and it is not legal for same sex marriage there. Any thing the military can do to help me ?
Marriage
Divorce
Same Sex Marriage
Posted 10 y ago
Responses: 13
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I think you have to go get divorced back to either a state that permits same-sex marriage or the original state you got married. I heard about a similar situation on the radio the other day. It's a sticky situation if you happen to be in a state that does not recognize same sex marriage. I think JAG can give you some advice about this.
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Competent legal counsel is the best answer that you will get. Find a lawyer that does divorce law, make an appointment and talk to him or her. They will give you the best advice that you will get anywhere. I practiced law for 25 years as a reservist in private practice as well as being a JAG. All the advice that you get from non-lawyers is worth exactly what you pay for it.
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Is your marriage still legally recognized in the states that you were married in? If it is not, then technically you are not married in the first place.
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PO2 (Join to see)
Sir, same sex marriage is still legal but when I call the court the file they say I don't meet the residency laws.
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