Articles Tagged with family law lawyer petaluma

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same-sex divorce residencyCertain California same-sex divorce residency requirement exceptions. Though the right to marry for same-sex couples is quickly expanding throughout the country, there are still a significant number of states that refuse to recognize same-sex marriages. In order to legally marry, many same-sex couples travel to states like California for their official wedding ceremonies, and then return to reside in their home states.

While this plan works well for couples who remain happily married, it does cause significant complications for couples who wish to get divorced. This is because states maintain a residency requirement for any couple seeking to dissolve their marriage, meaning that family courts generally lack the jurisdiction to grant divorces for out-of-state couples. However, if a same-sex married couple lives in a state that does not recognize same-sex marriage, the courts will likely refuse to grant a divorce because, in the eyes of that state, there is no marriage dissolve. In fact, in many states, same-sex married couples are engaging in lengthy legal battles challenging state laws simply to get a divorce.

Instead of challenging state laws, many same-sex couples in such states decide to simply live separately, though remain legally married. While this may work for some time, it can cause problems down the line. For instance, if one of the spouses is suddenly injured or falls ill, the other spouse may be asked to make important medical decisions. One spouse may continue to hold a growing interest in the others retirement accounts or other benefits, and they may retain rights to inherit property upon the others death. Certain debts accrued during the separation may still count as marital debt if the couple never obtained a divorce. For these reasons and more, it is not always wise for unhappy couples to live separate lives while remaining legally married.

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Same sex couple married in CA seeks same sex divorce in Mississippi. Simple? Not exactly.

Lauren Beth Czekala-Chatham asked a Mississippi court to recognize her same sex marriage, which took place in California, so that she could file for divorce within the State. Although the couple was married in California, they resided in Mississippi for the duration of their marriage. Czekala-Chatham could file for divorce in California because the State exempts same sex couples from residency requirements that ordinarily require at least one divorcing spouse to be a California resident for six months prior to filing. In part, this is so same sex couples who marry in California but reside in states where their marriage is not legally recognized do not have to face the burden of establishing residency before they can file for divorce. However, California courts will not always be able to issue significant rulings related to property ownership, debt, alimony, or children.
Because California cannot issue certain rulings regarding property ownership, debt, alimony, and children, it is not a viable option for some divorcing same sex couples.
In a telephone interview, Czekala-Chatham explained that failing to get divorced could have serious repercussions. Czekala-Chatham has children from a prior relationship and is concerned that her spouse could contest her will and take her children’s inheritance if they failed to get a divorce. According to court filings, Czekala-Chatham is seeking the couple’s marital home in Mississippi as well as, alimony in the divorce. Czekala-Catham says she will go all the way to the State’s Supreme Court in order to have her same sex marriage recognized because she doesn’t see another way out of the situation. If the State were to recognize her marriage, it would not permit same sex marriages in Mississippi, which remain banned under Mississippi law.

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Since the U.S. Supreme Court stuck down parts of the Defense of Marriage Act, several states have faced similar requests.
Several other states which have bans on gay marriage have been faced with similar requests since the U.S. Supreme Court struck downs segments of the federal Defense of Marriage Act earlier this summer. For instance, the Texas Supreme Court is considering whether it has jurisdiction over same sex divorce cases, even though it does not allow same sex marriage. Oral arguments are scheduled for next month. At least two same sex couples have filed for divorce in the State.
However, Mississippi College constitutional law professor, Matt Steffey says the Mississippi case is a long shot because the right does not exist within Mississippi law. He believes the issue of same sex divorce will eventually reach the U.S. Supreme Court.
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