BREAKING UP IS HARD TO DO FOR GAY COUPLES: From the Washington Blade

..."Being denied divorce protections is one of the problems of not having equal marriage rights," said Evan Wolfson, executive director of Freedom to Marry, an organization working to win marriage equality for gay couples nationwide. "It's one of the most important reasons to have marriage equality."

The federal Defense of Marriage Act defines marriage as between one man and one woman, and allows state governments to decide whether they will recognize same-sex marriages performed in other states; currently, nearly all do not as a matter of record, though refusals have not been tested in court.

But DOMA "is silent on divorce," according to Heather Sawyer, senior counsel for Lambda Legal.

Marriage and divorce laws vary from state to state, forcing same-sex couples who seek to dissolve their partnerships into uncharted legal territory.

"Some same-sex couples have not carefully thought out the consequences" of getting married, Wolfson said. "Now that we have that freedom [in Massachusetts], it's important to make an informed choice. As gay people come closer to equality, it's our responsibility to take it seriously."

Vermont civil unions are only valid in that state, and offer some of the rights of civil marriage. While it is easy for a resident or out-of-state couple to obtain a civil union -- all they have to do is get a license from the town clerk -- it's relatively difficult to dissolve that union in Vermont.

"The issue at hand is what people can do if they live in a state other than Vermont, go to Vermont to obtain a civil union, and then decide to dissolve the civil union in their home state," said Heather Sawyer, a lawyer with Lambda Legal. "What happens then?" ...

Out-of-state couples that file for dissolution in their home state may face legal challenges to first prove the validity of their union prior to dissolving it. ...

All couples that file for divorce in Massachusetts must fulfill the one-year residency requirement to have the divorce granted. However, Sawyer noted that if someone resided in a state that does not honor a Massachusetts marriage, it's unlikely that it will honor a divorce, as there would be no recognized legal ties between the parties to begin with. ...

"Many states are asking, 'Does marriage in Massachusetts equal marriage in Ohio?' Some states may balk at managing that divorce," given the lack of legal precedent thus far, Buseck said. If the 1913 law is overturned, out-of-state same-sex couples may marry in Massachusetts and file for divorce in their home state, though he did not know of any couples that had done so.

Lambda Legal recommends same-sex couples, whether entered into a civil union/marriage or not, should maintain "wills, powers of attorney, health care proxies, [and] partnership and parenting agreements" to protect their family's interest while the validity of same-sex unions are challenged in court.

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posted by Eve at 9:55 PM VOTE

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