Judge: Married women can't divorce in Alabama

aGameOfThrones · Mar 13, 2014

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 · Mar 13, 2014

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

Intoxiklown · Mar 13, 2014

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- · Mar 13, 2014

oyarde · Mar 13, 2014

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

ZENemy · Mar 13, 2014

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

Cabal · Mar 13, 2014

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

Snew · Mar 13, 2014

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

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

cajuncocoa · Mar 13, 2014

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 · Mar 13, 2014

God's will be done.

Cabal · Mar 13, 2014

cajuncocoa said:
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 · Mar 13, 2014

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 · Mar 13, 2014

Cabal said:
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 · Mar 13, 2014

Quark said:
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 · Mar 13, 2014

Quark said:
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 · Mar 13, 2014

Cabal said:
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 · Mar 13, 2014

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 · Mar 13, 2014

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

Said nobody, ever.

DamianTV · Mar 13, 2014

Snew said:
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 · Mar 13, 2014

phill4paul said:
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?

Judge: Married women can't divorce in Alabama

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