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Jul. 22nd, 2008 04:26 pm![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
chhotiiI'm all for repealing the 1913 law. What a boon for the state's economy if thousands of couples come to Massachusetts to get married every year!
Not quite sure whether it would be a plus or a drawback for the economy if people are forced to move to this state and live here for a year in order to get a divorce. From the FAQ at LMF's website:
20. What happens if we marry in California and later wish to divorce?
The only legal way to end a marriage is to get a divorce. In order to divorce in California, at
least one of the parties to the marriage must be a resident of California for at least six months
and of the county in which the divorce is filed for three months before filing a divorce petition. If
you move from California to another state, or if you already live in another state, getting a
divorce could be difficult. Currently, the only state other than California in which same-sex
married couples have a clearly established right to divorce is Massachusetts; however,
Massachusetts has a one-year residency requirement before a person can petition a
Massachusetts court for a divorce. New York law appears to respect same-sex couples’ out-of-
state marriages even though same-sex couples cannot yet marry in that state. Married gay and
lesbian couples should be able to petition for divorce in New York; however, New York also has
a residency requirement for divorce.
Couples who are unable to obtain a divorce remain legally married. Being unable to divorce
means that one may not marry someone else; it also may cause serious legal problems and
complications for same-sex couples who find themselves in this situation if they move to or
travel through other states. As always, we recommend seeking legal advice specific to your
situation.
Any thoughts on this issue?
Not quite sure whether it would be a plus or a drawback for the economy if people are forced to move to this state and live here for a year in order to get a divorce. From the FAQ at LMF's website:
20. What happens if we marry in California and later wish to divorce?
The only legal way to end a marriage is to get a divorce. In order to divorce in California, at
least one of the parties to the marriage must be a resident of California for at least six months
and of the county in which the divorce is filed for three months before filing a divorce petition. If
you move from California to another state, or if you already live in another state, getting a
divorce could be difficult. Currently, the only state other than California in which same-sex
married couples have a clearly established right to divorce is Massachusetts; however,
Massachusetts has a one-year residency requirement before a person can petition a
Massachusetts court for a divorce. New York law appears to respect same-sex couples’ out-of-
state marriages even though same-sex couples cannot yet marry in that state. Married gay and
lesbian couples should be able to petition for divorce in New York; however, New York also has
a residency requirement for divorce.
Couples who are unable to obtain a divorce remain legally married. Being unable to divorce
means that one may not marry someone else; it also may cause serious legal problems and
complications for same-sex couples who find themselves in this situation if they move to or
travel through other states. As always, we recommend seeking legal advice specific to your
situation.
Any thoughts on this issue?
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no subject
Date: 2008-07-23 03:32 am (UTC)no subject
Date: 2008-07-23 03:39 pm (UTC)Quite the opposite: an annulment is a statement that it (mostly) never did. First cousins who get married in a state that allows that can have their home state (if it doesn't allow that) declare the marriage void -- and there's tons of case law supporting this.