Otherwise known as “divorce,” the dark side of marriage can be very complex, even when the marriage is fully recognized by all government and private entities.
If you are married in Canada, and your marriage goes south, you can’t just walk away and forget you were married — it must be dissolved by divorce. In order to get divorced in Canada, one of you must reside in Canada for at least a year. Currently, only Massachusetts and New York (for the time being) are allowing same-sex couples to divorce. New York has had only one case of a same-sex couple married being allowed to divorce and that ruling was based on our very own victorious ruling, Martinez v County of Monroe.
It is important to note that the ruling which allowed the lesbian couple to proceed with divorce filings came out of a lower court in Manhattan and, to date, is the only ruling of its kind. Other lower courts may not rule in this manner until the appeal on Martinez v County of Monroe reaches final ajudication. It is for this reason that we strongly urge you to seek legal counsel if your marriage cannot be saved.
