An Indiana man who married his same-sex partner in Massachusetts is testing his home state’s legal boundaries, having filed a divorce petition there despite the state’s refusal to recognize such unions.
Donald Schultz Lee doesn’t meet the residency requirement for a divorce in Massachusetts, so his attorney filed his petition to divorce Justin Schultz Lee with the Marion County clerk’s office in Indianapolis.
Clerk Beth White told WISH-TV that last week’s U.S. Supreme Court ruling on the Defense of Marriage Act is likely to “create some situations I think all around the state of Indiana that many of us are not used to handling.”
Written by The Daily Caller. To read the full article, click here. For more information on family law attorneys, visit our website http://www.jwbrookslaw.com
The Supreme Court’s decision to strike down part of the Defense of Marriage Act means the U.S. government will recognize state-sanctioned gay marriages, but it won’t necessarily make it easier for American gays to divorce.
The high court struck down one part of DOMA — section 3, which effectively deprived gay married couples of the federal benefits straight marrieds get.
Section 2 of DOMA — which says states don’t have to recognize other states’ gay marriages — is still technically alive, and that makes divorce harder to come by for some married gays.
Say a gay couple in Georgia goes to Massachusetts for the weekend to get married. That gay couple can’t go back to Massachusetts to end their marriage because the state has residency requirements for divorces. And Georgia might not let them get a divorce because the state doesn’t recognize their gay marriage in the first place.
Written by Erin Fuchs. To read the full article, click here. For more information on family law attorneys, visit our website http://www.jwbrookslaw.com
While same-sex couples across the country fight for the right to marry, others are fighting for the right to divorce.
A patchwork of state marriage laws and the federal Defense of Marriage Act has made the process of unraveling a relationship extremely difficult — and expensive.
A same-sex couple who marries in one state and later relocates to a state that doesn’t recognize the marriage, for example, may be unable to get a traditional divorce. Often, they either have to move to the state where they married to establish residency or dissolve the marriage outside of the court system. Some states call this a dissolution of marriage instead of a divorce.
In most cases, this means filing a civil lawsuit — or multiple lawsuits. With no threat of a trial or a judge to make a ruling, couples often get stuck in negotiations and the lawyer fees can really pile up, said Kevin Maillard, a law professor at Syracuse University specializing in nontraditional families.
Written by Blake Ellis. To read the full article, click here.