{"id":763,"date":"2015-03-17T22:19:31","date_gmt":"2015-03-17T21:19:31","guid":{"rendered":"http:\/\/www.kenv-advocaten.nl\/?page_id=763"},"modified":"2023-10-27T15:08:41","modified_gmt":"2023-10-27T14:08:41","slug":"same-sex-divorce-jurisdiction-problems","status":"publish","type":"page","link":"https:\/\/kvm-advocaten.nl\/en\/divorce\/same-sex-divorce-jurisdiction-problems\/","title":{"rendered":"Same sex divorce & jurisdiction problems"},"content":{"rendered":"\t\t
\n\t\t\t\t\t\t
\n\t\t\t\t\t\t
\n\t\t\t\t\t
\n\t\t\t
\n\t\t\t\t\t\t
\n\t\t\t\t\t\t
\n\t\t\t\t\t
\n\t\t\t
\n\t\t\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t
\n\t\t\t
\n\t\t\t\t\t\t
\n\t\t\t\t
\n\t\t\t\t\t

Home<\/a><\/span><\/span><\/p>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t

\n\t\t\t\t
\n\t\t\t\t\t\t\t
\n\t\t\t\n\t\t\t\t\t\t<\/span>\n\t\t<\/div>\n\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t
\n\t\t\t\t\t\t
\n\t\t\t\t\t
\n\t\t\t
\n\t\t\t\t\t\t
\n\t\t\t\t
\n\t\t\t\t\t\t\t\t\t

Filing for divorce is difficult for any couple, but same-sex spouses face problems that don\u2019t affect opposite-sex partners. If you are residing in a state that does not currently recognize same-sex relationships and you went elsewhere to marry or register, your local court may refuse to grant a divorce. Should you have multiple registrations from different states, the judge may prove to be even more reluctant to end all of the relationships.<\/p>

It often occurs that the court states that it doesn\u2019t have jurisdiction to handle your divorce.\u00a0 In this situation the court may claim that it lacks the jurisdiction to divorce you because – according to state law – you aren\u2019t married.<\/p>

Should this occur you unfortunately cannot just travel back to the state where you did get \u00a0married and file for a divorce there. Most states have residency requirements for obtaining a divorce, and one of you would have to live there long enough, some as long as a year, to establish residency to be able to file for the divorce.<\/p>

Furthermore, should you be married or have registered your partnership in more than one state, it can be very important that you legally end it in all of those places.<\/p>

In case you married or registered your partnership in The Netherlands the possibility exists to obtain a divorce there, without actually having to move (temporarily) to The Netherlands.<\/p>

If you are a foreign national, you can file for a divorce in The Netherlands in any of the following circumstances, irrespective of your nationality or the country where you were married:<\/p>