Category: Uncategorized

Divorce Inequality: What Same-Sex Couples Should Know Before They Say “I Do”

Imagine you need to get a divorce, but at court you are told that you can’t because your state doesn’t even recognize your marriage. With a dozen states now permitting same-sex marriage – including Minnesota which joined the fold on May 14, 2013 – the unequal treatment of such marriages is poised to become more widely understood, in the context of divorce.

Let me explain: in my state, New York, where same-same marriage was signed into law in June of 2011, there is no residency requirement to obtain a marriage license.  Because New York recognizes same-sex marriages, couples can come here from all over the country and get hitched. And they have.

But, say that things go badly – as is the case with 50% of marriages today – those same couples who got married here may not be able to get divorced here. Why? Because while there is no residency requirement to get married here, New York does have a residency requirement to get divorced.

Watch me discuss why this complicates matters:

Worse yet: couples who reside in a state that does not recognize the legality of their marriage may not qualify for a divorce in their home state either.  Read more about this issue…

Continue reading “Divorce Inequality: What Same-Sex Couples Should Know Before They Say “I Do”” →

What is the difference between a “No Fault” divorce and an “uncontested” divorce?

I’m often asked “what is a no fault divorce?” and “how does that compare with an uncontested divorce?”  I address the differences here:

“You’ve been served”: what it means and how it happens

server

“You’ve been served!.”

Picture this: a cheating spouse kisses a lover goodbye, leaves an illicit apartment and starts walking to work, when suddenly a man jumps out of the bushes, slaps paper in the hand and says “You’ve been served!”  This is how it happens in the movies but generally what does it mean? Continue reading ““You’ve been served”: what it means and how it happens” →

The Divorce Artist

bride

During an average work day at my office the human spectrum is much like any other office place. We are a warm, small friendly office with much water-cooler talk. Except sometimes people throw things, like lamps. Sometimes people cry when they shake my hand. Sometimes they show me graphic photos involving their spouse. Once someone gave me a pair of panties. Many times people yell – at me or just generally at the world. Continue reading “The Divorce Artist” →