same sex divorce

Gay Couple Fights For Right To Divorce

Published on: November 8, 2017 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “What is an Absolute Divorce?”

For years, people fought for gay couples to have the right to marry. States took action independently, slowly but consistently expanding the number of places where same-sex couples had the same rights as their opposite-sex counterparts. Then the Supreme Court weighed in a few years back and sped up the process nationally, making gay marriage legal across the U.S. Now that the right to marry is universal, at least here in the U.S., we may forget the push made by some states to reach out to gay couples, advertising themselves as gay-friendly places to get married. Some states advertised themselves in an attempt to attract lucrative tourism dollars, giving couples a chance to marry, while earning money for their state.

Tennessee Legislators Prepare For Legal Battle Over Same Sex Divorce

Published on: September 15, 2016 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “What can I do to gain custody of my child in North Carolina?”

Most people remember that the Supreme Court’s momentous decision last year in the Obergefell case made gay marriage legal across the country. Despite the important decision, issues surrounding gay marriage, such as gay divorce or gay parental rights, continue to receive intense scrutiny and are the subjects of divisive legal battles. Though the hope among many was that the Obergefell decision would lead to clarity, the ruling, while answering one question definitively, left many others remaining to be hashed out.

After Obergefell Part II: Same-Sex Divorce and Child Custody

Published on: June 23, 2016 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “Who pays for the children’s health insurance and co-pays?”

Note: This is Part II in a series examining the state of legal rights for same-sex married couples, a year after the U.S. Supreme Court recognized their constitutional right to marry. Part 1 can be found here.

Maryland Case Tackles Same-Sex Visitiation

Published on: September 8, 2015 | On behalf of Arnold & Smith, PLLC

Charlotte Divorce Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “Does adultery affect who gets custody?”

This summer’s same-sex marriage ruling has resulted in rapid change across the country as courts adapt to the new legal landscape. The family law court system has borne the brunt of these changes, dealing with weddings, adoptions and, unfortunately, divorces. Given how new same-sex marriage and divorce is across most of the country, some issues have arisen and the courts are having to make their way through uncharted territory.

Commonwealth sees what may be its first same-sex divorce

Published on: March 26, 2015 | On behalf of Arnold & Smith, PLLC

Matthew R. Arnold of Arnold & Smith, PLLC answers the question “Can any attorney help me with my family law needs in North Carolina?”

Catherine Ann Boyd did not set out to make history when she married her partner in a civil ceremony in San Francisco in 2004.

Florida’s first same-sex Divorce best holiday gift ever, ex-spouse says

Published on: December 16, 2014 | On behalf of Arnold & Smith, PLLC

Matthew R. Arnold of Arnold & Smith, PLLC answers the question “How can an attorney help me with my Divorce or Separation in North Carolina?”

Heather Brassner’s marriage ended five years ago, but she was only able to get a Florida judge to sign off on her divorce this past Wednesday.

In so doing, Brassner, her now ex-wife Megan Lade and Broward County Circuit Judge Dale Cohen made history. The Brassner-Lade divorce marks the Sunshine State’s first same-sex divorce.

Brassner’s attorney, Nancy Brodzki, called Judge Cohen’s ruling historic, telling the Associated Press that while this is Florida’s first same-sex divorce, it will not be the last. As the Washington Post reported Monday, Columbia University statistics professor Andrew Gelman analyzed statistics comparing same-sex and traditional marriages and concluded that “the dissolution rate of same-sex marriages seems comparable to, not lower than, the divorce rate of traditional marriages.” Previous analyses had provided that the same-sex divorce rate was lower than the traditional marriage divorce rate.

Any way you slice the numbers, according to Gelman, results in lots of divorces—same-sex and traditional.

Brodzki may expecting more same-sex divorce business in Florida, but before she takes any more clients over the divorce finish line, she may have to fight Florida’s Attorney General Pam Bondi in court.

Think same-sex marriage is tough? Try same-sex divorce

Published on: September 30, 2014 | On behalf of Arnold & Smith, PLLC

Charlotte Divorce Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What does a “No-Fault’ divorce mean in NC?”

Proponents of same-sex marriage have railed against the legal difficulties that confront same-sex partners interested in tying the proverbial knot. Now some same-sex couples are facing a different—and perhaps even more difficult—legal issue: same-sex divorce.

Beth Littrell, a senior attorney for the civil rights group of Lambda Legal’s Southern regional office in Atlanta, told the Associated Press that divorce for same-sex couples is a legal mess. Lambda Legal is a national organization whose mission is to help lesbians, gay men, bisexuals and transgendered people obtain full recognition of civil rights. While same-sex marriage is legal in nineteen states and the District of Columbia, state laws governing divorce have not evolved with same-sex marriage, leading to confusion, frustration and years of litigation.

Cori Jo Long and Brooke Powell travelled from their home in Texas to New Hampshire in 2010 in order to take advantage of the latter state’s permissive laws on same-sex marriage. Their marriage unraveled in 2013, but so far they have been unable to obtain a divorce. Long and Powell attempted to divorce in Texas, but since that state does not recognize same-sex marriage, a judge ruled that he did not have jurisdiction to void their union or grant a divorce.

“It is limbo,” Long said. “It’s waiting and seeing. That’s all I can do.”