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Thursday, 11 October, 2007 @ 1:15 am
A lesbian couple “married” in Massachusetts, the only state to allow such “marriages” has decided married life isn’t for them and they want a divorce.
They have a big problem though. They live in the neighboring small state of Rhode Island and want that state to grant them a divorce. Otherwise one will have to move to Massachusetts and set up residence to get a divorce.
Since Rhode Island doesn’t recognize marriages of people of the same gender, why would they agree to let them divorce? As far as Rhode Island and forty-eight other states are concerned they are two single women living together.
Is another state, say Connecticut, going to get them for bigamy if they “marry” someone else?
What a slippery slope this stupid law has become.
Written by ~J~
david Says:
October 11th, 2007 at 5:59 amVisit david
I can tell you how this is handled legally IF they have no children. The debts and assets are divided as though it was an ordinary business partnership. It’s much more complex if they have children, but other courts in the states without gay marriage have used the “best interest of the child” standard. This is not without precedent in other states. I represented the children in a gay relationship in the late 1980’s. I recommended, and the Judge agreed, that primary physical custody should go to the non-biological mother who had stayed home when the kids were sick, went to the parent-teacher conferences, i.e. was the primary care-giver. Our Court of Appeals affirmed. It was a tough case. We had no legal guidance 20 years ago, but I think it was handled in a sensible manner.
Sue Says:
October 11th, 2007 at 6:06 amVisit Sue
David:
If a same sex couple is married in a state where it is legal but then moves to another where it is not, can they be “divorced” in the sense of the word as we know it in the state where same sex marriage is illegal.
I hope I asked this question properly and if you get a chance, I would really appreciate knowing the answer.