Pursuant to my previous post, there was an article by John Schwartz in this past Sunday’s New York Times magazine which deals with some of the legal fallout, or anticipated fallout, of changes in traditional family structure. That is, changes made without sufficient thought being devoted to the legal ramifications of the change, in this case, same-sex marriages.
What happens, the article asks, to same-sex divorce?
IF you thought the fight over same-sex marriage has been tumultuous, just wait for the era of same-sex divorce. With New York State’s new law allowing same-sex marriage, not just for residents but for out-of-staters as well, a bumper crop of weddings is sure to follow — and, eventually and inevitably, a sizable number of divorces.A couple who marry in New York and seek a divorce in Texas could find themselves fighting not just each other but also Texas’ attorney general, Greg Abbott. He has tried to intervene in two same-sex divorces, arguing that if the state does not recognize the marriage it won’t recognize the divorce, either.
If blocked in Texas, the unhappy couple can’t head back to New York for a quick split either. New York’s same-sex marriage law does not require residency to wed, but the state does require residency of at least 90 days to obtain a divorce. A stay like that is out of the question for most people.
“Where can you get a divorce?” asked Tobias Barrington Wolff, a professor at the University of Pennsylvania Law School. “The answer might be nowhere, perversely.”
Do a little reductio, and it’s not a long way to absurdum.
For the full article, go here.