It is somewhat difficult to do that. If you’re going to proceed with a divorce in a state in which same sex marriage are banned, you must be determined to see the process through an appeal. That appeal would be to the supreme court of the state in which you will be challenging the constitutionality of the same sex marriage ban.

Hopefully, as in Florida or other states, you may come before a state judge who may himself or herself declare the statute banning same sex marriages as being unconstitutional and therefore making divorces appropriate in your state. Again, it will be a long process. It will be a expensive process. You must have the emotional and financial determination to see it through.