I got married to my same-sex partner in Canada in 2008 and we have been separated for 4 years now, how do we get a divorce?
We got legally married in ontario canada, and both of us live here in georgia, and are not able to move to canada, or even travel there. we have no assets to split or children to worry about. we just want a divorce.
Georgia doesn't allow partners of the same sex to marry, nor does it recognize domestic partnerships, civil unions, or reciprocal beneficiaries. Since it is not recognized it can't provide an avenue for a divorce.
Because Georgia refuses to recognize same-sex marriages, this creates a problem. In some cases the answer that may work is to file an annulment here, seeking a declaration that the marriage is void. That leaves you both eligible to marry again. I have run into this situation before and can also suggest, in some cases, other creative but workable ideas (which vary by county and how receptive judges are to the choices). Call me at 404-768-3509.
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If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at firstname.lastname@example.org . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.