Follow-up on Same-Sex Divorce


This is an interesting article on the courts’ responsibility regarding divorce in states that prohibit same-sex marriage.  In this article the authors argue that even in states that prohibit same-sex marriage there are legal mechanisms for granting a divorce.  They identify three possible strategies– use the current state laws governing divorce and apply these to the same-sex couples, use the laws of the state in which the couple was married as a basis for the divorce or through the use of the equitable powers act.

The authors also argue that denying couples the right to divorce is far more harmful.

One thought on “Follow-up on Same-Sex Divorce

  1. Same-sex marriage is prohibited but has to go through the legal process of divorce? Could there be divorce between unmarried couple, how could that be?

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