Recently the topic of same sex divorce has been brought up. On several occasions I have had opportunities to speak with people inquiring about obtaining a same sex divorce.
Currently in the State of Alabama there is no provision for a same sex marriage. Therefore there is no way to obtain a same sex divorce under the current domestic relations laws pertaining to marriage and divorce.
It presents an interesting question when you have a couple of the same sex who have lived together in what would be a common law marriage except for the fact that they are of the same sex. After years of being together and living as a couple the parties separate and the question becomes who gets what and who is responsible for this debt or that debt.
Same sex couples over time accumulate the same items and property as married couples. They often have a partner who works and one who does not and is dependent on the working party. Or possibly one party becomes disabled during the relationship.
There is no solution or relief to be found under current Alabama domestic relations laws, but there may be a method to pursue. If a party in a same sex marriage chose to pursue any type legal means to protect or obtain items from a failed relationship a contractual theory would be the only route to take. Would this work? It depends heavily on how the relationship began and what were its terms, but if it could be established that from the outset a contract had been entered into then maybe just maybe a reasonable outcome could be reached.
