The Associated Press and the Columbus Dispatch published an article on September 30, 2014 by Leanne Italie summarizing the current state of LGBT family law issues.  The article discusses, among other things,  gay couples who married in a stated where their marriage was valid, but find themselves unable to divorce because they now live in a state that does not recognize their marriage.

The article points out that these couples may have a long wait as they pursue appeals to try to assert their legal rights.  Unfortunately,  appeals are what it is going to take for the laws standing between gay couples and their constitutional rights to be declared unconstitutional.

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Even in states that recognize same sex marriage, residency requirements can be a barrier to obtaining a divorce.  While there are no residency requirements for marriage, they do exist for divorce.

If the couple have children together, they may have to file a separate action to allocate the parental rights of the children, and the couple may face a situation where one parent is is legally recognized and one parent is not.

To read the full associated press article, click the link below:

Divorce law out of synch with same-sex marriage

LGBT family law issues require careful consideration of the current state of the law, and a consultation with a family law attorney versed in the issue can help point you in the right direction.

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Need some help? We would be happy to schedule a consultation with you.  Please give us a call, and one of our Family Law Attorneys will meet with you to discuss your case.

Virginia Cornwell is an Ohio State Bar Association Certified Family Relations Specialist.

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