As Gay Marriages Rise, Now Comes The Case For Same-Sex Divorce

In 2008, Lauren Beth Czekala-Chatham traveled with her then-partner from their home in Mississippi to San Francisco, a few months after gay marriage became legal in California. They'd been together for about a year and a half before they decided to get married.

After the ceremony, they went back to Mississippi, where they lived together. Then a year later, they decided to split up. The state of Mississippi doesn't recognize same-sex marriage, however, so they couldn't get a divorce there.

"It's a very unfortunate predicament to be in, because you realize you cannot get divorced in your state of residence," says Kody Silva, a divorce attorney in Washington, D.C. "And the state you were married in will not allow you to get divorced unless you go back and essentially become a resident of that state."

Silva says that you would have to live in the state you got married in for at least six months — or longer in some states. Establishing residency means getting utilities and a driver's license in your name.

"You don't want to have to move in order to achieve a divorce that your straight couple friends can do without having to go through that hassle," Silva says.

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