Judge: Married women can't divorce in Alabama

[aGameOfThrones]

HUNTSVILLE, Ala. (AP) — A judge ruled Wednesday that two women who were legally married in Iowa can't divorce in Alabama, which doesn't recognize same-sex marriages.

Circuit Judge Karen Hall of Huntsville issued a two-sentence order throwing out the uncontested divorce of Shrie Michelle Richmond and Kirsten Allysse Richmond.

Shrie Richmond filed the complaint this month saying the two were legally married in Dubuque, Iowa, in 2012. The suit said the two women, who are separated, no longer get along and want a divorce.

The other woman didn't fight the divorce. But the judge's decision said the case was being dismissed because laws in Alabama, which still prohibit same-sex unions, do not apply in such cases.

The Iowa Supreme Court overturned that state's ban on gay marriages in 2009, and state law requires couples seeking a divorce in the state to live there for one year beforehand.

Attorney Patrick Hill, who represents Shrie Richmond, said neither of the women wants to move to get a divorce.

"They're both from here in Alabama, and this is where their homes, family and friends are," he said.

http://news.yahoo.com/judge-married-women-cant-divorce-alabama-201206485.html

[Spikender]

Huh, I woulda thought they would've happily broke up a lesbian couple.

[Intoxiklown]

I can understand why though.

If you grant the divorce, you have set a legal precedence for acknowledging the marriage. Actually, the judge was being smart.

[jj-]

LOL

[oyarde]

Smart Judge , no need to establish laws that do not exist.

[ZENemy]

Anarchy? But without government who will give us permission to be in or out of relationships? :D

[Cabal]

Ahh, the catch 22 of "state's rights."

[Snew]

Anarchy? But without government who will give us permission to be in or out of relationships? :D

In Amerika, the government is in a relationship with you!

[cajuncocoa]

If same same-sex marriages aren't recognized in Alabama, how can they be divorced? They were never married according to the State of Alabama!

[FindLiberty]

God's will be done.

[Cabal]

If same same-sex marriages aren't recognized in Alabama, how can they be divorced? They were never married according to the State of Alabama!

Do you understand that they can't get divorced without first moving back to Iowa and living there for an entire year, while remaining married?


state law requires couples seeking a divorce in the state to live there for one year beforehand.

Yes, the state of Alabama doesn't recognize same-sex marriage that took place in other states, and to grant their divorce, that could potentially open the doors for same-sex marriage in Alabama. But now this couple is basically being forced to remain married, or to uproot their lives and relocate themselves while being forced to remain married for an entire year just to get a divorce because the state of Alabama refuses to divorce them, and the state of Iowa has specific divorce requisites.

This is the problem with supposed "state's rights," let alone having the State involved in marriage at any level.

So, to support "state's rights" here is to support forcing this couple to either remain married against their will indefinitely, or to support forcing this couple to remain married for at least another year while also forcing them to uproot their lives and live in another location not of their own choosing. Do you think that is conducive with liberty?

[phill4paul]

Just say, "I break with thee, I break with thee, I break with thee and then throw dog poopy on their shoes." As easy as that.

[Quark]

Yes, the state of Alabama doesn't recognize same-sex marriage that took place in other states, and to grant their divorce, that could potentially open the doors for same-sex marriage in Alabama. But now this couple is basically being forced to remain married, or to uproot their lives and relocate themselves while being forced to remain married for an entire year just to get a divorce because the state of Alabama refuses to divorce them, and the state of Iowa has specific divorce requisites.

This is the problem with supposed "state's rights," let alone having the State involved in marriage at any level.

So, to support "state's rights" here is to support forcing this couple to either remain married against their will indefinitely, or to support forcing this couple to remain married for at least another year while also forcing them to uproot their lives and live in another location not of their own choosing. Do you think that is conducive with liberty?

I thought Cajun was implying that they don't have any priveleges of a married couple in Alabama and consequently can go their separate ways (in Alabama) as if they were never married in the first place. So it is essentially a non-issue because their state privileges don't exist in Alabama anyway.

[cajuncocoa]

I thought Cajun was implying that they don't have any priveleges of a married couple in Alabama and consequently can go their separate ways (in Alabama) as if they were never married in the first place. So it is essentially a non-issue because their state privileges don't exist in Alabama anyway.
Yes, this.

Also that the State of Alabama cannot dissolve that which it doesn't recognize in the first place.

[Cabal]

I thought Cajun was implying that they don't have any priveleges of a married couple in Alabama and consequently can go their separate ways (in Alabama) as if they were never married in the first place. So it is essentially a non-issue because their state privileges don't exist in Alabama anyway.

No, I understand that, and that makes sense. But what potential legal problems await these two down the road, should one or both ever leave the state of Alabama, or should the law ever change in Alabama? Or, what if one or both decide they want to marry another? Just seems this could potentially lead to some more significant problems, and that's unfortunate.

[belian78]

This is the problem with supposed "state's rights,"

No this is exactly the way state's rights is supposed to work. Yes, they should live where their marriage is recognized, to the benefit of their new home state and the detriment to their old one.

[FindLiberty]

IRS?

I'm no tax expert and suck at math, but IMO...

Married, filing separate federal returns versus each filing as single on their own return causes 28% versus 25% on a portion of their income (that's a 3% Alabama federal same-sex married tax penalty) if earning under $75k.

It gets slghtly more dramatic at higher incomes: Alabama gets 'em both nailed by the feds at 33% if forced to file married/separately starting at $115.5k. Two single filers each would stay at 28% as long as each income is under $183k. (That's a 5% Alabama federal same-sex married tax penalty.)

[ZENemy]

"Oh babe I love you, lets get married, wait....lemme check with the government first"


Said nobody, ever.

[DamianTV]

In Amerika, the government is in a relationship with you!

And marriage is a binding contract between you, your spouse, and the Govt.

[Henry Rogue]

Just say, "I break with thee, I break with thee, I break with thee and then throw dog poopy on their shoes." As easy as that.Is that some kind of witch incantation?

[Ronin Truth]

What about single women in Alabama?

[kathy88]

Is that some kind of witch incantation?
Steve Martin.

[Cabal]

No this is exactly the way state's rights is supposed to work.

Please, tell me more about how statism 'works'.

http://imaginepepperland.files.wordpress.com/2012/11/oh-please-tell-me-more.jpg

[matt0611]

If they don't recognize their marriage how can they get a divorce?

It makes sense to me. Don't see why this is news. Why would you get married and move to a state that does not recognize your marriage?

[DamianTV]

Its not just Alabama.

There are numerous states that do not recognize Gay Marriage, and every single one of those states that do not recognize the marriage as being valid under that states law will not authroize a Divorce either.

So what is the solution here? Federalize Marriage? Demand other States recognize another States marriage laws? Or maybe get Govt out of Marriage period, as well as the determinations of what constitutes a 'valid' and 'invalid' marriage. Point of reference, the Marriage License used to be required for Interracial Marriages but not for Same Race Marriages. Then it extended to include everyone. The Govt solution has caused more problems than the problem itself.

[euphemia]

I think this is the Catch 22 for people who want to do what they want to do and have the state validate it. In the event they want a re-do, or an un-do, the state has to validate it.

Having the benefit of marriage means having the responsibility, too. They have only been married two years. Get a counselor and work it out.

[fr33]

They should become disfunctional polygamists.

[cajuncocoa]

If they don't recognize their marriage how can they get a divorce?

It makes sense to me. Don't see why this is news. Why would you get married and move to a state that does not recognize your marriage?
If their agenda is to make same-sex marriage legal in Alabama, they just stuck their foot in the door.

[Cabal]

If their agenda is to make same-sex marriage legal in Alabama, they just stuck their foot in the door.

From what the lawyer was saying, he(?) intends on using this case to get the law changed.

[angelatc]

They should become disfunctional polygamists.

Oh wow! Maybe Jehovah's Witnesses. They don't believe in divorce nor same sex marriage, so if one of them converted, she would be obligated not to get a divorce from a marriage that her new church doesn't recognize to begin with.

My head hurts.

[Occam's Banana]

Don't nobody need to worry. We got us some federal gummint to figger out problems like this for us ...

[belian78]

Please, tell me more about how statism 'works'.

http://imaginepepperland.files.wordpress.com/2012/11/oh-please-tell-me-more.jpg
How the hell is what i said 'statist' in any way? The statist approach would be to make all states line up the same way on an issue, I on the other hand am pointing out how this contains bad policies to one state instead of all. Unless statist to you means anyone that disagrees with you, which would almost be a statist mindset in the first place. Take your reddit-minded memes somewhere else.