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DOMA Ruling Could Impact Same-Sex Divorce

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Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C.

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Written/Reviewed By:

Barry S. Kantrowitz, Esq.

Last Updated: Jul 10, 2013

Read Time: 2 mins

According to the New York Times, the Supreme Court’s ruling last month striking down the federal Defense of Marriage Act (DOMA) may have implications on same-sex couples looking to divorce.

The Times reported that state bans on same-sex marriages have made divorce cases harder. However, according to the newspaper, the overturning of DOMA will “provide a basis for challenges to state laws.”

“I think that there’s some reason to be optimistic that we might be able to see the end of these statewide marriage bans, which would have lots of positive effects, including being able to free people from relationships they no longer want to be in,” Elizabeth Schwartz, a family law and estate lawyer and gay rights advocate told the Times.

The Times reported that because some couples have traveled and wed in states where same-sex marriage are approved, some have returned to states were the ceremonies are not performed—making divorce problematic when issues arise. According to the Times, states, including Delaware and Vermont, allow nonresident same-sex couples who married in the state to divorce under some circumstances.

Divorce filings can be confusing and legal issues can arise, especially for same-sex couples. During these times, some couples decide to live separate lives, although they remain legally married, because they fear divorce—speaking to an experienced attorney can help you work around this issue.

If you ever feel like divorce is an option, we can assist you. If you have questions about divorce or are thinking about bringing legal action against your spouse, fill out a contact form on our website or contact our firm at (866) 971-0927 to see how our experienced divorce attorneys can help you.

Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. – Bergen County Divorce Attorneys

KGG’s Corner: The 5th Court of Appeals in Dallas recently ruled that same-sex couples who legally marry in other states cannot divorce in Texas.

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   Kenny Perlow 
 23 days ago
 
 
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 87 days ago
 
 
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 90 days ago
 
 
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   Mike Sakmann 
 96 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I sought legal advice regarding an employment matter and had an excellent experience working with Sam Smith, Esq. at KGG Law. Sam was thorough, attentive, and took the time to listen carefully to my concerns before providing clear, thoughtful guidance. I appreciated the professionalism and care shown throughout the process, and I would confidently recommend KGG Law to anyone in need of legal assistance.
  
 
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   Liz Hecker 
 102 days ago
 
 
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 125 days ago
 
 
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   Mike Greenspan 
 138 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate Carballo is a dedicated, passionate, and creative attorney whom I had the pleasure to lecture with at a state trial lawyer's conference. Kate's lecture demonstrated how she uses her innovative and "out-of-the-box thinking" to achieve outstanding results for her injured clients. That Kate is certified by the Supreme Court of New Jersey as a civil trial attorney is a testament to her skills, experience and commitment to excellence.
  
 
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 145 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Was referred to KGG law by a friend and could not have asked for better legal representation. They walked me through every step of the process after my accident and began every call with “ how are you feeling” which was just one example of how much they care about their clients. They handled my case very efficiently, professionally and courteously. My attorney Kate Carballo was a rock star! So clearly experienced, she consistently made me feel at ease with the process. Highly recommend
  
 
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 148 days ago
 
 
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DOMA Ruling Could Impact Same-Sex Divorce

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