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Same-Sex Marriages

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As of August 1, 2013 Minnesota became the 12th State to recognize same-sex marriage.

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Same-sex marriage is legally recognized in several jurisdictions within the United States. On August 1, 2013 Minnesota became the 12th state to join in that recognition. Rhode Island followed that same month. As of December 2013 a total of seventeen states have legalized marriage. These are California, Connecticut, Delaware, Hawaii, Iowa, Maine, Maryland, Massachusetts, Minnesota, New Hampshire, New Jersey, New Mexico, New York, Rhode Island, Vermont, Washington, and Illinois (effective 06/01/14). In addition, the District of Columbia and five Native American tribes have also acknowledged same-sex marriage as a legal right.

Same-sex couples who married on or after August 1, 2013 and who meet Minnesota’s residence requirements for divorce (180 days of continuous residence) must obtain a divorce in order to sever their legal relationship from their spouse.  The laws that once only applied to heterosexual couples who were married and wished to legally sever their relationship now apply to homosexual couples as well. Couples who are married in Minnesota but who move to a state that has not yet legalized same- sex marriage will not be able to obtain a divorce in that state.

Contact Olup Law at (952) 835-4070 to learn more about crafting domestic agreements in Minnesota.

Special issues regarding children, unless there is an adoption by one or both spouses, may exist and an attorney who understands the way in which the divorce and adoption laws may intersect in same-sex marriage should be consulted to understand the issues and provide options regarding these issues. Same-gendered couples may want to consider an antenuptial agreement before entering into marriage in order to determine how issues regarding spousal maintenance, assets owned at the time of marriage and acquired during marriage and other issues will be treated in a divorce, legal separation or upon death, and to address debts that exist prior to the marriage or which accrue during the marriage including mortgages and credit cards.

From our Edina, MN office, Olup Law serves the Minneapolis-St. Paul metropolitan area, including the cities of Minnetonka, Chaska, Chanhassen, Edina, Wayzata, Excelsior, Shakopee, Plymouth, Minnetrista, Orono, North Oaks, Eden Prairie, Victoria, Waconia, Shorewood, Minneapolis, Excelsior, and Burnsville.