Same-Sex Divorce

The news media love taking social interest stories and pumping them into another cause celebre. Stories of piquant and off-the-beaten-track social interest grab peoples' attention. All the more so if there is a polarizing element in such stories to begin with. And what could be more polarizing (other than the issue of abortion, perhaps) than same-sex marriage? Traditionalists hold that it is downright silly for same-sex couples to insist on marriage rites to consolidate their union legally.

Marriage is a social convention with legal status mostly for the protection of the new generation. And same-sex couples simply do not generate offspring. And if same-sex unions have legal protection under the law recognizing their rights to share property, to receive compensation due married couples, insisting on marriage rites only trivializes the convention of legal marriages, goes the argument. People do not take kindly to having social conventions tampered with.

Particularly those as hallowed as marriages, religious or civil. But Canada, and a few other countries as well, took legal steps to enshrine in law the recognition of same-sex marriage. And then congratulated itself furiously as a free-thinking, forward-looking, egalitarian society, like few others. The result of which many same-sex couples with dedicated intimate relationships opted to become legally married, because, finally, they could.

What seemed nonsensical to many appeared natural to others, and became a cause of great celebration within the gay community. And people from other countries began to make plans to visit Canada, to take advantage of the opportunity to marry in Canada. Which on the face of it, seemed rather absurd. After all, if the country in which you live does not recognize same-sex marriage, what exactly is the point of presenting as a married couple in that country? But many did, nonetheless.

And some found their marriages strained, and decided to sever legal ties. Deciding to return to Canada to divorce. Only to discover a few realities. While their marriage may be recognized in Canada, if they were not Canadians, the fact that their country did not recognize their marriage, placed in doubt whether they were truly, legally married. How could they be, in fact, in their countries which gave no recognition in law to their marriage?

And Canada has its own divorce laws which require a twelve-month residency before application for divorce could be considered. Oh my, the outcry! The thing of it is, due diligence. Do your homework. Satisfy yourself about whether this is a conceit, a vanity issue, or whether a long-term legal commitment is what is desired. If you are a citizen of the country that recognizes the legality of same-sex marriage, no problem. You can be divorced there too, should you require that to occur.

All other bets are off. Logical, isn't it?

For example: In the United States a marriage that is valid in one state is also considered to be valid in all states. The exception is a same sex couple who have entered into a union that is recognized in the state in which it was performed but is illegal in any other states.