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A divorce sets precedent in one state

When a couple decides that their marriage has come to an end, legally dissolving that union is an important step in establishing financial independence and accounting for the rights of both parties. Unfortunately, however, many married couples have found themselves without the legal recourse to pursue divorce mediation in recent years. While same-sex marriage is now legal in Utah, the majority of other states still do not recognize the unions, thus refusing to acknowledge same-sex divorce as well. Precedent has been set in one state now that a same-sex divorce was granted despite the fact that the marriage itself is not officially valid.

Because so many states have yet to legalize same-sex marriage, couples living in those states often leave to get legally married in other states. Doing so can present issues, however, in the event that couples seek divorce. For instance, the state of Massachusetts refuses to grant divorces to same-sex couples that move away from the state after getting married.

It is written into the state constitution of Missouri that marriage can only be between a man and woman. As a result, neither same-sex marriage nor divorce is recognized. Despite all that, a County Circuit judge granted a divorce recently to one couple, arguing that Missouri could recognize the laws of the state where they married. Furthermore, the judge noted that the state is legally bound to uphold the 14th Amendment of the U.S. Constitution and grant due process same-sex couples. And according to the judge, there have been previous instances where Missouri courts ruled on unions that were not technically legal. 


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