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
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