In a case similar to some that are happening in Texas, a judge in Mississippi has refused to approve a divorce for a lesbian couple, according to the woman who filed for the divorce and her attorney. The woman and her lawyer say that the couple got married in California, and since Mississippi does not recognize their marriage under state law, the judge cannot grant the divorce.
The couple went to California in 2008 to get married and bought a house together in Mississippi in 2009. One of the women filed for divorce in September when the relationship failed. In a Nov. 15 motion to intervene, the attorney general’s office argued that Mississippi cannot grant a divorce if the state does not recognize the marriage. The woman told journalists on Dec. 2 that the judge appeared sympathetic to her case. Her lawyer also noted that the judge said that he felt that Mississippi law gave him no other choice.
The woman who filed for divorce believes that they should not be treated different than heterosexual couples, and she plans to appeal the decision. The couple could go to California again for the divorce, but the woman’s lawyer says that Mississippi would not recognize the divorce, leaving their assets in limbo. He also contested in his divorce argument that U.S. laws recognize same-sex couples who are married, but not all states recognize the marriages.
Texas is one of the several states that do not recognize gay and lesbian marriages. However, a lawyer may be able to design a domestic partnership agreement for a same-sex couple that wants to protect their finances, property and other assets. The attorney could also help resolve a dispute or separation through a separate contractual agreement.
Source: ABC News, “Miss. Judge Refuses to Grant Gay Couple’s Divorce“, Holbrook Mohr, December 03, 2013