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A few states in the U.S. allow same sex couples to enter into a marriage or a civil union that grants the same rights as marriage. However, the validity of these marriages and civil unions is not universally accepted, and as some of the marriages and civil unions of same-sex couples start to falter, the issue of how to handle their divorces has arisen.

Massachusetts Marriage, Rhode Island Divorce Petition

A recent high-profile same-sex divorce case involves two women who married in Massachusetts in 2004, which was soon after that state became the first and thus far the only state to legalize same-sex marriages.

Margaret Chambers and Cassandra Ormiston, of Providence, Rhode Island, traveled to Massachusetts for their marriage after the Massachusetts Supreme Judicial Court legalized same-sex marriage in 2003.

Chambers and Ormiston filed for a divorce in their home state of Rhode Island in October 2006. In Rhode Island, the courts and the state legislature have not legalized same-sex marriage or civil unions, and they have not acted to recognize or deny recognition to same-sex marriages from other states.

A State Supreme Court Decision

At issue is whether the state of Rhode Island should (and can) grant the women a divorce. The case was heard recently before the Rhode Island Supreme Court. Lawyers for the couple argue that the only question to be decided is whether Rhode Island can recognize another state's same-sex marriage for the sole purpose of granting a divorce — and not whether same-sex marriages should be recognized in a more comprehensive manner.

Male-female couples are allowed to divorce in states other than their state of marriage, even though there is usually a residency requirement of some period. If Chambers and Ormiston's petition to get a divorce in their home state of Rhode Island is not granted, their only legal option would be to move to Massachusetts and live there long enough to get a divorce in that state.

''It is an absolutely unfair burden…it is a burden no one else is asked to bear, and it is something I will not do,'' said Ms. Ormiston outside the recent hearing before the Rhode Island Supreme Court.

Or the State Legislature's Responsibility?

At the hearing, Chief Justice Frank Williams noted, "We're not the Legislature," signaling a possible ruling by the Court that would essentially pass the issue to the state legislature for its resolution.

Earlier this year, the Rhode Island Attorney General issued an advisory opinion saying that the state will recognize same-sex marriages from Massachusetts, but the opinion is nonbinding. Opponents of same-sex marriage fear that the Rhode Island courts' acceptance of the divorce petition would create a legal "slippery slope" in the direction of same-sex marriage acceptance.

The Rhode Island justices did not give any indication of when their ruling will be available.

Learn More about Out-of-State Divorce

If you have questions or concerns about the recognition of your marriage in other states or about divorcing in a state other than the state in which you were married, contact an experienced family law attorney for a private consultation.