A recent article noted a divorce case that has been pending for more than four years. Most divorces happen much quicker than this, but the state in which the couple now resides does not recognize same-sex marriage or divorce, so these two men might be waiting for much longer for the state court to acknowledge their separation.
In our last post, we discussed the potential for federal laws like the Defense of Marriage Act (DOMA) to play a role in Massachusetts divorce proceedings. That law has been at the forefront of the debate regarding same-sex marriages and divorces. Recent federal court rulings are challenging the validity of the law, declaring it to be unconstitutional.
In 2004, Massachusetts led the way in recognizing same-sex marriage equality. The issue has been in the news recently as other states have passed and considered similar laws. But couples in our state may not be aware of the complicating effect that certain laws may have on various aspects of their relationship, including divorce.