Criminal Defense, DUI, Matrimonial and Will & Estates
New York & New Jersey Law
Proudly Located in Staten Island

|| Our Website || Home || About Me & My Organizations || Our Twitter ||

Friday, October 25, 2013

The Same Sex Marriage Dilemma

The controversy about the legalization of same sex marriage has been front and center in American politics for quite a few years now. I actually have legal experience in this area, having been hired as head attorney to defend a particularly divisive case involving LBGQT rights in the early 90s. Since then I have been keeping myself informed about this new arena in law and recently I stumbled upon some information that I would like to share with you.


It seems that there are some problems emerging from the "quasi-legalization" of same sex marriage. By "quasi-legalization", I am referring to the fact that some states have legalized or recognize gay marriage while others do not. This quasi-legalization has led many same-sex couples who live in states that do not recognize gay marriage to travel to neighboring states that do in order to get married.

So what is the issue with this? Well, unfortunately, some of these same-sex couples eventually decide to split. If they live in a state that has not legalized same-sex marriage, they will not be able to file for divorce because their state does not recognize the couple was married in the first place. There isn't a way around this, either, because unlike marriage, divorce must be filed in the state where the couple lives. The couple cannot simply travel to the state that they got married in.

To make matters worse, not being able to get a divorce can have serious consequences on a person's life. If the couple decides to break up and one of them decides to get remarried, they will have to once again travel to a state that recognizes same-sex marriage, which of course, will refuse them on the basis that they are already married. This can also lead to legal ramifications in situations such as credit card debt where companies may try to collect outstanding debt from the technically married couple, even if they had split when the debt was accumulated.

As of right now, there is not a legal remedy for this solution. As lawyers, we must hope that law will eventually evolve to catch up with society. However, if you are in a difficult situation such as this one, please consult a legal professional. They can examine all the options in your state and help you find recourse for your issue. If you live in NY or NJ, please feel free to contact me at 718-317-5007.

- Kevin P. McKernan

1 comment:

  1. I have to share my testimony to the world because i dont know who it might be helpful to. I know my comment is not related to the discussion here but i only want to use this opportunity to share the testimony to friends here too.
    My name is Elizabeth,Am from United Kingdom,i never believe there will ever be a solution to my relationship problem with my lover. my lover called threw me out of his house and brought in another lady who he now love and only care for. Until one day i receive a phone call from a friend in the city that my man is going out on a date with another woman in town, i told her i am also surprise too, because since he has left me he dont speak or even call me. So after some few days my friend called Martha called me and told me that she has found a man that is very powerful great spell caster, she told me how this man help her family member too. She forward his email address (dr.koboko@gmail.com) for me so that i can contact him for help, so truly she sent me DR KOBOKO YYA email address and i contacted him that faithful day. He mailed me after a while and assured me that my man will be back to me if only i believe on his work. So after 25hrs i receive a phone call from lover, and he started begging that i should please forgive him for all he had done to me.. He begged me of breaking my heart and letting the other lady a new heart. he promise me never to let go. now i and my lover are planning to get married next month.So i thank you DR KOBOKO for the great help you offer to me, because i think today this might be the only ways and means i can ever thank you of your work.. Am greatful.
    If you having similar problem, Contact him now www.drkobokospellcaster.blogspot.com or email(dr.koboko@gmail.com) and get your problem solve once and for all.

    ReplyDelete

Tell us what you think!