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Gay Married Couple Attempts to Divorce in Kentucky

Alysha Roberto and her wife Rebecca Sue Romero are the first gay married couple to attempt a divorce in the state of Kentucky, the Courier Journal reports:

KentuckyFamily Court judges and divorce lawyers say Alysha’s petition — filed Oct. 25 in Jefferson Family Court — is the state’s first involving a same-sex couple who were married in another state where same-sex marriages are legal, and want to end their marriage in Kentucky.

Alysha’s lawyer, Louis Waterman, said they should have the right to divorce here, rather than endure the disruption and expense of going back to Massachusetts, where they were wed, and living there for one year to meet that state’s residency requirement.

The court is expected to dismiss the case because of Kentucky laws banning same-sex marriage and its recognition. Waterman says he'll appeal the case and challenge the state's anti-gay constitutional amendment.

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  1. Pre-numptuals people.
    When you get married for the sake of sanity, get a prenump that specifically specifies what state's laws your marriage is based upon.

    Make sure you do a bit of research on the marriage and divorce laws of the state that you are getting married in. It's worth just browsing them as each state differs.

    Yes it's exciting to get married. Yes it's romantic and you get recognition and an official piece of paper. Regardless marriage is marriage. And marriage has a >50% failure rate. Consider these risks when getting married. It is not an insult or shake in faith of the relationship. This is just simple risk assessment and you not being a fortune teller.

    I'm married. I got a prenump. Not because I don't' trust my partner - I do, he's a great guy. It's just risk analysis and protecting each other. That is all.

    Posted by: chris255 | Nov 3, 2013 11:12:44 AM

  2. A fun way to do a groom-to-groom wedding in Kentucky would be to create an elaborate stage that has the words "United we stand" above the couple and "Divided we fall" below them, with the couple dressed like those two men getting married on the flag.

    Posted by: GregV | Nov 3, 2013 1:39:52 PM

  3. Great advice, CHRIS255. Thank you. One question - if you are married why do you have a partner and not a husband?

    Posted by: WorcDanny | Nov 3, 2013 11:42:25 PM

  4. If the court dismisses the case, the couple should ask NOM for legal assistance. I'm not (really) joking either! NOM claims that marriage should be between a man and a woman. These guys are trying to undo what NOM considers to be a "wrong" so, based on NOM's stated position, NOM should support the couple in obtaining their divorce.

    If NOM refuses to help them, that undermines NOM's rationale for opposing same sex marriages and suggests that NOM's rationale is really a transparent excuse to justify bigotry. So, refusing to help them is bad for NOM's position but (of course) helping them costs NOM some cash, which means NOM would find it slightly harder to cause trouble.

    Bigots can get themselves into awkward situations because they don't like to admit they are bigots and come up with ad hoc arguments that don't cover all the corner cases - the things that go wrong in unusual circumstances. Inevitably, such cases come up to bite them in the you know what.

    Posted by: Bill | Nov 4, 2013 1:56:07 AM

  5. Best of luck with the appeal. Change is in the wind but pushing the river won't get it going any faster

    Posted by: Conexa Divorce Services | Dec 7, 2013 12:33:36 PM

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