First, Same-Sex Marriage – Now, Same-Sex Divorce

GEO#1In 2004 Canada took its place as the first country in the world to grant a divorce to a same-sex couple. This was not surprising since Canada was one of the first countries to legalize same-sex marriage, an event that saw hundreds of gay and lesbian couples from around the world travel to Canada to celebrate their relationships with a legal marriage ceremony.

Many American couples married in Canada or in one of the dozen American states that permitted same-sex marriage.

At the time no one gave a moment’s thought to the inevitable time when these marriages, like their heterosexual counterparts, would disintegrate and divorce would be on the agenda.

While same-sex marriage is a hot topic among American legislators, same-sex couples who married north of the border found that divorcing their spouses was not an easy proposition.

Toronto family law lawyer Martha McCarthy became the first lawyer in Canada to tackle the same-sex divorce dilemma when her clients encountered a problem created by Canada’s Divorce Act, which had not been amended to address the influx of marriages involving non-resident visitors.

The Divorce Act requires that one of the spouses reside in Canada for one year prior to the granting of a divorce, a requirement that is almost impossible for a non-resident to comply with.

Ms. McCarthy brought a Charter of Rights and Freedoms challenge to the Ontario courts, an application that was moot once the federal government enacted the Civil Marriage Act in the summer of 2013. The legislation permits a same-sex couple to apply for a divorce in the Province where they married without a residency requirement, if they reside in a jurisdiction that does not permit same-sex divorce.

Additionally, each of the spouses must consent to the granting of a divorce, unless circumstances prevent such consent and then a court order waiving consent is required, either from a Canadian court, or the court where the couple resided during their marriage.

Will there be a proliferation of same-sex divorces? In the last two weeks I have initiated three same-sex divorce applications, all from American couples who married in British Columbia, but live in states where their marriage was never recognized.

Others say that because many same-sex couples merely legalized their domestic unions after years of living together, they are more likely able to sustain their marriages.

Meanwhile, Lauren Czekala-Chatham, who married her same-sex partner in California in
2008, has brought a legal challenge against the government of Mississippi, where she and her partner lived during their two-year marriage, protesting her inability to obtain a divorce in her home state.

Lawdiva aka Georgialee Lang

4 thoughts on “First, Same-Sex Marriage – Now, Same-Sex Divorce

  1. “Will their be a proliferation of same-sex divorces?” Oops, shouldn’t that have read, “Will there be …”? Otherwise, as usual, an excellent blog post!

  2. I post this to inform the public about the current antiquated alimony laws still in existence around the country. This is my alimony horror story. In the no fault divorce state of Florida, the ex had many adulterous affairs with other women (while pregnant with the second and last child) and including her incestuous relationship with her own 20 year old female cousin. She gets rewarded for this and her changed sexual orientation with lifetime alimony by the Hillsborough County Court (Tampa Case No: 05-DR-013627) and I get punished financially. How is this right and just? It certainly isn’t and the time to fix such an injustice is now. The duplicity continues and she blogs and writes as well as conducts her day to day life under an assumed last name, only using her legal last name on the driver’s license and to cash the hefty checks I write. If you are outraged about this avaricious hypocrite, please get involved to fight the unjust alimony laws around the country. There is no reason why a judge can’t order her to return to the workforce. She is a four year university graduate. The children are adults and no longer living in the home. There’s no reason why an able bodied, healthy, educated woman can’t be instructed by new law and guidelines to fully financially support herself.
    The ex filed in the Circuit Court of the 13th Judicial Circuit, in and for Hillsborough County, FL Case No: 13-11991 Division G and on August 21, 2013 the judge ruled for
    Order of Dismissal of Temporary Injunction for Protection
    “The evidence presented is insufficient under Florida law”.
    The ex-wife attempted in her demand to muzzle our alimony reform efforts. She even had our 18 year old son testify against me.
    Please support alimony reform.
    Elvina and Lee Kallett of St. Pete Beach, FL – Pays lifetime alimony to woman unable to remarry http://www.youtube.com/watch?v=l523XAgv_vc

    Lee Kallett of St. Pete Beach, FL – Pays $4K in permanent alimony to lesbian ex-wife
    http://www.youtube.com
    This is Lee Kallett and Elvina Kallett. He pays permanent alimony to a woman who left the marriage because she chose to live a lesbian

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s