DOMA Ruling Could Impact Same-Sex Divorce

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 (800) 711-5258 to see how our experienced divorce attorneys can help you.

Kantrowitz, Goldhamer & Graifman, 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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