A year-old Chicago Tribune article discusses the legalization of same-sex marriage in the neighboring state of Iowa, the result of a judicial ruling from the state's highest court. While Illinois courts do not recognize same-sex unions, what if a gay couple from Illinois got married in Iowa and decided to call it quits a few months later?
It's not so unusual among heterosexual couples, of which roughly half end in divorce.
But would this hypothetical same-sex couple have legal standing for divorce in a state that doesn't recognize their marital status? Divorce attorneys in Chicago may have a more definitive answer, but a recent NBC Philadelphia article sheds some light on this dilemma.
The article describes two married women, Carole A. Kern and Robin L. Taney, who legally tied the knot in Massachusetts nearly one year ago. The couple resides in Philadelphia, where same-sex marriage is not legal, but (like many gay and lesbian couples) they crossed state lines for a legal marriage.
Alas, they decided it just wasn't working out a mere four months after their wedding.
Ms. Kern filed for divorce in Massachusetts, only to discover that couples must be residents of the state for at least one year to obtain a divorce. Spending a miserable year with someone she no longer loves in a state other than her own probably was not a realistic option for Ms. Kern or her partner.
So, Pennsylvania resident Ms. Kern filed for divorce in her own state. But Berks County (Penn.) Judge Scott Lash ruled that he has no authority to dissolve a union that is not recognized in his state:
"Without a legally recognizable marriage, relief under the divorce code is simply not available."
Okay, then what is available to this and similarly dissatisfied same-sex couples who legally married elsewhere? According to Judge Lash, Ms. Kern and Ms. Taney have the option of asking the court for a declaration that their marriage is void in Pennsylvania.
So much for brotherly (or sisterly) love.
Related Resources:
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OK Court: No Proof of Marriage? No Same-Sex Divorce (FindLaw's Courtside Blog)
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Consult an Illinois Family Lawyer (FindLaw)
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