gay divorce

Hi there!

In almost every divorce case involving children the parents worry about how to tell the kids.  Here is a very good road map on the do’s and dont’s of informing your children about your pending divorce.

Not so critical, but also important, is just how to divide your personal property with your soon-to-be-ex.  Here is a good outline of the various methods you might chose to use if you cant agree.

And still in the news, I have to admit  I was nastily pleased to read the Texas Attorney General filed too late to stop a gay couple who married in Massachusetts from getting divorced in Texas.  What happened to full faith and credit?

Best,

Nancy… Keep reading

Hi there,

I was sorry to see that Tuesday the Maine voters rejected single sex marriage.

In Massachusetts, however,  the Appeals Court  in what is known as a "slip opinion" (a slip opinion does not have the dis-positive force of law, but can be utilized as part of a court argument or brief), has extended the time concept of the length of a single sex marriage backwards from the date of marriage to the date of the couples’ commitment ceremony.  This means that gay couples may be considered to have been married longer than in fact they were.  This is not the first time Massachusetts has made this determination (again in a slip opinion).  This potentially has huge significance for divorcing single sex couples.

There is however a Supreme Judicial Court decision, and in Massachusetts, SJC decisions always trump Appeals Court decisions.  The SJC held that in a personal injury matter, the length of the marriage was ONLY that time in which the parties were indeed married.

This has the effect of muddying the already murky water of single sex divorce in Massachusetts a little bit more.

Best,

Nancy… Keep reading

Hi there,

According to the New York Times, the highest court in New York will hear arguments on whether or not New York will honor marriages between gay and lesbian couples that are legal elsewhere.

I was taught in law school that the constitution requires states to give "full faith and credit" to the laws of other jurisdictions, such as marriage, adoptions, etc.  The federal Defense of Marriage Act (DOMA) complicates the situation, as federal law trumps state law, so states have an argument available if they do not recognize gay marriages which are legal elsewhere, as legitimate.

As usual, Daniel Clement had a very good post on this as well.

Best,

Nancy… Keep reading

Hi There,

From taxes to Alec Baldwin giving advice on how to divorce  – this week’s selection really is a very mixed bag.

My favorite tax blog had a funny post on how not to do your taxes.

I have watched Alec Baldwin’s very public display of parental ineptitude with some amazement, but I was even more amazed to hear he had written a book on the topic.

Texas has a constitutional amendment which defines marriage as between one man and one woman but apparently if you are gay and married elsewhere you may be able to divorce in Texas. However Gideon Alper, another one of my favorite bloggers, had a more in depth analysis which is very interesting.

And since death is even more inevitable than divorce, I am including a link to a very informative piece on what to do when a family member dies.

Best,

Nancy… Keep reading