I got married, same sex marriage, in Iowa in 2009. Her and I are no longer together, how do I get a divorce!? See added details.

Asked over 1 year ago - Saint Louis, MO

We live in Missouri, always have. Apparently the Iowa law says something about having to live there for a year before we can get divorced, we can't do that! We don't even speak anymore, I don't even know how to contact her. I'm now in another committed relationship, I'm also older and wiser, and her and I would really love to get LEGALLY married. This time it would be a lot closer since Illinois passed a same sex marriage law. Can anyone help?

Attorney answers (3)

  1. Melvin G. Franke

    Contributor Level 13

    Answered . Move to Illinois, so you can get a divorce. I don't thing Missouri recognizes same sex marriages so it can't give you a divorce.

  2. Peggy Margaret Raddatz

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . You should contact an Iowas divorce attorney. The Illinois same sex marriage law has not passed yet. It still must pass our house and be signed by our governor. It only passed the Illinois senate so far,

    IF YOU FOUND THIS ANSWER "Helpful" or " The Best Answer" YOU CAN THANK ATTORNEY RADDATZ BY MARKING IT SO... more
  3. Benicia A. Baker-Livorsi

    Contributor Level 8

    1

    Lawyer agrees

    Answered . You state "we live" in Missouri. You also state you don't know where your spouse is so there are confusing statements in your question. The answer to where your spouse is will determine some of your rights so finding your spouse is very important. While Missouri does not recognize same sex marriages at this time... there can be arguments made for either an annulment or a divorce but your case may make new law in Missouri about how to divorce a person when the underlying marriage is not recognized as lawful. Current cases challenging DOMA (Defense of Marriage Act) are unlikely to answer the question your divorce case presents.

    I encourage you to consult with an attorney who practices in both family law and appellate law since your case may require an appeal to the higher courts in Missouri.

    Benicia Livorsi
    The Family Law Group, LLC
    636-947-8181

    I am a licensed attorney practicing in the St. Louis/ St. Charles, Missouri areas. Our firm's answers to... more

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Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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