Same Sex Marriage- by now you’ve stated your opinion

Everyone in the world was asked if they were for or against same sex marriage. The inevitability of same-sex marriage now is a given.

What will it mean? Like most heterosexual marriages today, most gay marriages will end in divorce, and the divorces will be the pretty much the same- gay couples will be just as hurt, just as angry and just as scared.

However, there will be some differences. For example, moving a divorce judgment from one state to another may not work. In opposite-sex marriages, marriages from one state are recognized by all of the other states. However, the federal law DOMA (the “Defense of Marriage Act”) states that no state is required to recognize same-sex marriages from other states. Therefore states that don’t allow same-sex marriages can choose to not recognize same-sex marriages from other states as valid marriages. This means that they may also refuse to enforce same-sex Divorce Judgments against their state residents. Court Orders which may otherwise be enforceable across state lines, may lose their effect if your ex-spouse moves to one of these uncooperative states.

Here’s another example: For Federal tax returns, same sex married couples cannot file under married status. Therefore, their tax status upon divorce does not change on their federal returns.

Published by Stout Law Firm

I have passed three bar exams

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