While it hasn't been legal in many states for an extremely long period of time, same gender marriages can and do result in divorce. As of 2013, over 71,000 same gender couples formalized their relationship with legal marriages, and that number has certainly grown since. However, other state statutes may not have kept up with the changes in marriage laws, making it hard to know just where you and your partner stand now that you've chosen to separate.
Finding the Help You Need
As of 2015, 36 states have legalized same gender marriage, starting with Massachusetts in 2004. However, there remains some confusion surrounding how, when and what is involved when a same-gender couple chooses divorce. As a result, it can be difficult to receive a direct answer about the particulars involved in terminating your marriage in states where the law has only recently changed.
To start, look for family lawyers and divorce specialists, as these professionals have the most cause for staying abreast of the changing situation. Most divorce lawyers are happy to help whoever walks into their office, regardless of their spouse's gender. Be discerning though, and make sure your attorney has been through a similar divorce proceeding several times before you retain their services. That familiarity with the law can help in the event that the family court judge is less well-versed in the particulars of any new divorce laws.
Understanding the Complications
Chances are, if you live in the same state where you were married, you'll have few problems getting your divorce petition approved, other than those common to every divorce. Problems arise for same-gender couples living in a state that doesn't recognize their marriage. If this is the situation you're in, you could have a fight on your hands.
Currently, only Georgia has specific legislation regarding divorce proceedings involving same-gender couples. Those waters often haven't been tested in other states, meaning you may need to petition the court for your divorce, and then wait and see. If this is the case, be prepared to appeal a denied petition to a higher court. As before, a good attorney can be well worth their fees if your situation hasn't been brought before a court previously.
The statutes and legislation surrounding marriage is evolving in the United States, and so are those that apply to divorce. There will be some growing pains, and periods of adjustment, but with the right legal support you'll be able to find that light at the end of the tunnel.