Ruling on Same-Sex Marriage May Help Resolve Status of Divorce
(I'M SURE MANY LAWYERS ARE SHARPENING THEIR PENCILS JUST WAITING FOR THE LGBTQ DIVORCES TO MANIFEST--DO NOT RUSH INTO MARRIAGE JUST BECAUSE WE CAN)
By ERICA GOODE
Published: July 2, 2013
THE NEW YORK TIMES
Adam Cardinal’s wedded life began happily in New Hampshire, where
same-sex marriages are legal. It went sour three years later in Florida,
where they are not.
Elizabeth F. Schwartz of Miami Beach, a lawyer representing a client seeking a same-sex divorce.
Mr. Cardinal, who lives in Fort Lauderdale, separated from his husband
several months ago. But the couple cannot get a divorce because, in the
eyes of Florida officials, their marriage does not exist.
Returning to New Hampshire to sever the bond is not an option either.
Although marrying can be accomplished with a brief visit there, a
divorce requires residency in the state for at least a year.
Mr. Cardinal cannot remarry — to do so would make him a bigamist in
states like Massachusetts or New York that recognize his previous
nuptials. And although he and his husband did not combine their assets,
the lack of an official document certifying the end of their marriage
carries financial risks.
“I didn’t realize this could potentially be an issue, that we couldn’t
divorce when we wanted to,” Mr. Cardinal said. “That was really
upsetting.”
The Supreme Court’s ruling last week striking down the federal Defense of Marriage Act has
been hailed as a victory for gay couples who wish to marry. But it has
also offered new hope to people like Mr. Cardinal who are stuck in a
marriage they cannot dissolve.
Said Ms. Schwartz, the lawyer in Miami Beach, “If you’re going to let
people into a relationship, you’ve got to let them get out.”
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