If You Come for the Wedding, Stay for the Divorce … Or Risk a Move and a Good Long Wait

Gay Florida couple marries … in Toronto. Because Florida does not allow or recognize gay marriage.

Couple divides their time between Florida and the UK. But the UK also doesn’t allow or recognize gay marriage.

Unfortunately, the couple now wants to divorce. And it’s proving easier said than done.

Out of the question where they live in Florida and the UK. Since they married in Toronto, that was their next choice.

But Toronto, like most places, has a residency requirement to avail yourself of a divorce there.

A full year, as is pretty typical. But too long for the couple.

So they are trying to avoid the residency requirement through a constitutional exemption. Presumably because Toronto allowed them to marry … and thereby left them without a place to divorce.

Their case is inching its way through the Canadian legal system, up, down and sideways.

On the bright side, legislation is pending in Canada to afford the remedy of divorce in Canada to couples like this one, who never lived there but who married there because gay marriage is legal there.

Sadly for them, either way, they probably won’t have their divorce finalized any time soon.

Undoubtedly, the couple did not consider this potential dilemma at the time that they traveled to Canada to get married.

They are far from the only gay couple in search of a place where they can obtain a legal divorce.

Read more in this Toronto Star article: Foreign same-sex couple’s bid for divorce drags on.

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