Experiencing a divorce can be challenging and emotionally exhausting for any couple, especially as parents. In spite of the emotional turmoil, it is crucial for parents to maintain a healthy relationship for the sake of their children. This is where the concept of...
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The benefits of adopting your stepchild
Many Ohio residents choose to adopt to start or expand their family. If you have gotten married and your spouse has a child from a previous relationship, you might consider adopting your stepchild. These are some benefits of stepparent adoption. Adopting your...
Can you refuse visitation if the co-parent arrives intoxicated?
Navigating a shared custody plan with a co-parent who struggles with substance abuse poses unique challenges. For example, how do you respond when they arrive to pick up the children for their parenting time but you can tell that they have been drinking? There are...
3 tips for summer vacation and shared custody
Now that spring has arrived, planning for a fun summer vacation starts. If you have shared custody of your children, planning ahead holds even more importance. To help your children have a positive memorable summer, consider these three tips. 1. Check your parenting...
How to prepare for a divorce
Divorce can be a scary prospect for Ohio residents. However, preparation can help alleviate some of the stress and uncertainty that come with it. Taking the right steps in preparing for divorce will get you through this difficult time. Understanding the law The first...
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Who’s Eligible for Divorce? Not Just Straight Couples, Says Ohio Judge
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You’ve seen the headlines about gay marriage…but gay divorce?
Like any other long-term, committed relationship, gay marriages can sometimes come on hard times. And, although gay marriage is not recognized in the state, one Ohio judge recently made a ruling that indicates gay divorce very well may be.
Same-Sex Columbus Couple Married In New York, Divorced At Home
Two Columbus men, Jonathan Baize and Stephen Wissman, both 31, were granted a divorce in mid March by a private judge appointed by the Franklin County Domestic Relations Court. While it is certainly unorthodox for both parties in an Ohio divorce proceeding to be men, one Columbus divorce attorney described the 10-minute hearing to the Columbus Dispatch as “unremarkable.”
The men were married on Sept. 1, 2011 in a ceremony in New York. They returned to Columbus, but later agreed to divorce – a decision that raised questions about Ohio law.
In 2004, Ohio voters approved an amendment to the state’s constitution that barred gay marriage. Supporters of the prohibition on same-sex marriage argued that by granting a divorce to a gay couple, a court would be tacitly acknowledging that the marriage was, in fact, valid.
Yet, proponents pointed out that Ohio’s applicable state law and constitutional marriage amendment refer only to marriage, not divorce. The judge handling the same-sex divorce apparently accepted this interpretation, and tidily dissolved the men’s New York marriage.
While March’s gay divorce may be among the first of its kind in Ohio, it is unlikely to be the last. Even with Ohio’s marriage amendment in place, legal questions surrounding the status of same-sex couples abound.
Gay Marriage Subject of Pressing Developments, But Same-Sex Couples May Benefit From Legal Protections Already In Place
It is uncertain exactly what the future holds for Ohio’s same-sex couples. Indeed, some groups are intent on redefining marriage yet again though a constitutional amendment, this time allowing for same-sex marital unions in Ohio.
Whatever the outcome of these efforts, it is clear that same-sex couples still have family law tools at their disposal. Even without a marriage recognized in Ohio, gay couples may be able to turn to an established procedure to part ways equitably – as evidenced by the recent gay divorce ruling.
While it can be a thorny subject in a state that bans same-sex marriage, gay divorce – or whatever you want to call its procedural equivalent – can nonetheless offer important safeguards for individuals at the end of a relationship. To learn more, get in touch with a Columbus divorce attorney today.
Amy M. Levine
View Profile
Our Latest Blog Posts
Creating a strong co-parenting relationship during a divorce
Experiencing a divorce can be challenging and emotionally exhausting for any couple, especially as parents. In spite of the emotional turmoil, it is crucial for parents to maintain a healthy relationship for the sake of their children. This is where the concept of...
The benefits of adopting your stepchild
Many Ohio residents choose to adopt to start or expand their family. If you have gotten married and your spouse has a child from a previous relationship, you might consider adopting your stepchild. These are some benefits of stepparent adoption. Adopting your...
Can you refuse visitation if the co-parent arrives intoxicated?
Navigating a shared custody plan with a co-parent who struggles with substance abuse poses unique challenges. For example, how do you respond when they arrive to pick up the children for their parenting time but you can tell that they have been drinking? There are...
3 tips for summer vacation and shared custody
Now that spring has arrived, planning for a fun summer vacation starts. If you have shared custody of your children, planning ahead holds even more importance. To help your children have a positive memorable summer, consider these three tips. 1. Check your parenting...
How to prepare for a divorce
Divorce can be a scary prospect for Ohio residents. However, preparation can help alleviate some of the stress and uncertainty that come with it. Taking the right steps in preparing for divorce will get you through this difficult time. Understanding the law The first...
Visit Our Blog