First, same-sex marriage. Now, same-sex divorce


Gay Marriage
By:Georgialee Lang/O Canada com

 

 

In 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. The notion of obtaining a consent order from a court that does not recognize same-sex marriage, let alone same-sex divorce, seems a bit unrealistic.

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.

 

Published by CityFella

Big city fella, Born and Raised in the San Francisco Bay Area. Lived in New York (a part time New Yorker) for three years . I have lived in the Sacramento area since 1993. When I first moved here, I hated it. Initially found the city too conservative for my tastes. A great place to raise children however too few options for adults . The city has grown up, there is much to do here. The city suffers from low self esteem in my opinion, locals have few positive words to say about their hometown. visitors and transplants are amazed at what they find here. From, the grand old homes in Alkali Flats, and the huge trees in midtown, there are many surprises in Sacramento. Theater is alive is this area . And finally ,there is a nightlife... In.downtown midtown, for the young and not so young. My Criticism is with local government. There is a shortage of visionaries in city hall. Sacramento has long relied on the state, feds and real estate for revenue. Like many cities in America,Downtown Sacramento was the hub of activity in the area. as the population moved to the suburbs and retail followed. The city has spent millions to revive downtown. Today less than ten thousand people live downtown. No one at city hall could connect the dots. Population-Retail. Business says Sacramento is challenging and many corporations have chosen to set up operations outside the cities limits. There is vision in the burbs. Sacramento has bones, there are many good pieces here, leaders seem unable or unwilling to put those pieces together into. Rant aside, I love it here. From the trees to the rivers. But its the people here that move me. Sacramento is one of the most integrated cities in America. I find I'm welcome everywhere. The spices work in this city of nearly 500,000 and for the most part these spices blend well together. From Ukrainians to Hispanics and a sizable gay community, all the spices seem to work well here. I frequently travel and occasionally I will venture into a city with huge racial borders, where its unsafe to visit after certain hours. I haven't found it here. I cant imagine living in a community where there is one hue or one spice. I love the big trees, Temple Coffee House, the Alhambra Safeway, Zelda's Pizza, Bicyclist in Midtown, The Mother Lode Saloon, Crest Theater, and the Rivers. I could go on and I might. Sacramento is home.

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