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Family Law

: San Jose Divorce Law and Family Law Lawyer Blog

Catch 22 of Same Sex Marriage and Same Sex Divorce

By James Chau

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In an article about a same-sex marriage in Pennsylvania the catch 22 of Pennsylvania same sex marriage is that the state does not recognize them for the purposes of divorce. This legal conundrum is happening all across the country as states deal with the issue or states rights but the inevitable of people travelling and moving across state lines.

In this case, the judge would not grant a same-sex couple a divorce because the marriage does not exist in the state of Pennsylvania. The couple can?t get a divorce in the state that recognizes their marriage, because they must be residents of the state for at least one year.

Carole Kern and Robin Taney married in Massachusetts, where same-sex marriage is legal only four months later Kern filed for divorce. While Massachusetts will grant same-sex marriage licenses to couples after a three-day waiting period, the couple must be residents of Massachusetts for at least one year to obtain a divorce. So Kern, a resident of Pennsylvania, filed for divorce in Pennsylvania. But according to the article, Pennsylvania law states, "A marriage between persons of the same sex which was entered into in another state or foreign jurisdiction, even if valid where entered into, shall be void in this Commonwealth.?

Full post as published by San Jose Divorce Law and Family Law Lawyer Blog on March 30, 2010 (boomark / email).