Hopefully an attorney will respond to this because I believe that if the state does not recognize same sex marriage that you can not file for divorce in that state. I do not believe that NC recognizes same sex marriage, but I may be wrong.
To my knowledge there are only approximately 2 or 3 states in the country that recognize same sex unions. They are NY, California, and Hawaii. New Jersey starts in a couple of days I believe. So, you don’t have many choices. Stepmother is right though…check with an attorney. If the state doesn’t recognize it, then they can’t void it. It would be like a next-of-kin relationship here. You probably aren’t considered next-of-kin either.
Greetings. You cannot obtain a divorce from a same sex marriage in North Carolina at this time. Thank you and good luck.
Janet L. Fritts
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.
I was married in a same sex marriage in Canada during 2004 (please, no judging or comments, it is a long story). Now I am trying to obtain a divorce, but to get one through canada, you have to live there for 1 year, which i cannot obviously do. What steps do I need to take to file for divorce in NC??