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If DOMA is repealed will I be able to dissolve my NH same-sex marriage from TX?

College Station, TX |
Filed under: Divorce

5 years ago I got married in NH to a girl. We ended up not working out as most 18 year Ole's in relationships don't. 5 years down the road, DOMA and Prop 8 pending repeal, and I want to finally get this smudge mark off my mind. I live in Texas now, I have a very established life here so moving to NH is not really an option. If DOMA does get repealed does that mean I can get my marriage dissolved without too extreme of a hassle?
--In addition, we don't have children, property or money that needs to be settled. I want nothing from her. She hasn't been helpful in getting this dissolved and I doubt she will be in the future.

--She currently resides in MA.

Attorney Answers 2

Posted

why not hire a NH attorney and get divorced there now if she still lives there? You can still live in Texas and get divorced in NH since she is a resident there.

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9 comments

M Elizabeth Gunn

M Elizabeth Gunn

Posted

Assuming that New Hampshire doesn't have a requirement that the petitioner live there (I doubt they do, but dot practice there, so I can't say), it does seem like that would probably be the easiest way to handle this. I'm not really sure exactly how that will all work out if the Supreme Court does decide that states have to recognize and allow gay marriages, but it might not be an instantaneous thing. Why don't you just see what your New Hampshire options are and take it from there?

Asker

Posted

My wife lives in MA. She is uncooperative with this issue. She refuses to accept calls or messages from me. The resident requirement for New Hampshire is a 6 month in state living. Since she doesn't live there and isn't willing to work with me, my only choice would be to move there which is not something I can do for 6 months.

Peggy M. Raddatz

Peggy M. Raddatz

Posted

What s law in MA regarding this issue? Maybe you can divorce there. You did not list this infrmation in your facts so we can only guess which is what I did.

Peggy M. Raddatz

Peggy M. Raddatz

Posted

information

Asker

Posted

Understandable, I added it to my information for further possible help. If what j am reading is correct, right now the only state who will be able to dissolve it is NH. But, I might have it wrong. My question was just to see if, since DOMA being repealed means all same sex marriages will be recognized federally if that means it becomes available for me to file for divorce here in Texas.

Peggy M. Raddatz

Peggy M. Raddatz

Posted

Very new area of the law. I do not know.

Asker

Posted

Ok, thanks anyways!

Peggy M. Raddatz

Peggy M. Raddatz

Posted

good luck

M Elizabeth Gunn

M Elizabeth Gunn

Posted

Odd as it may sound, gay marriage being recognized federally woul not necessarily mean that Texas woul be force to recognize it. There are a number of separate legal issues involved, as I understand it. If you're not in a hurry, one option is certainly just to wait and see hat happens with all that. It makes me a little nervous to advise anyone to do that, though, because of the possibility that something unexpected could happen that might cause problems if you wait. What if she gets in a car accident and you're expected to pay for half a million dollars worth of medical bills? What if she's ruining your credit unbeknownst to you? What if you win the lottery next week? None of that may be likely, but all of it's possibile. There's probably just not a perfect solution, and unfortunately, that's usually the case with family law matters. Still, I'd start with New Hampshire and see what the possibilities are there. Good luck.

Posted

Your question should be posted in family law area to gain access to attorneys who deal with this type of issue.

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