Richard S. Diamond Family Law Blog on Lawyers.com

Given the choice to dissolve a Gay Civil Union or to grant a Divorce to a Gay Couple, a New Jersey judge has opted to grant the first Gay Divorce

Wednesday, February 11, 2009 by Richard S. Diamond

While other states are still debating whether to recognize gay marriages, at a hearing in Trenton last week, New Jersey Superior Court Judge Mary Jacobson issued a divorce instead of a dissolution of a civil union to a lesbian couple who had been married in Canada.

The Attorney General’s office had argued that the couple should receive a dissolution of a civil union, rather than a divorce. However, the Judge disagreed, advancing the view that a divorce was necessary to allow one of the parties, La Kia Hammond to return to Canada and marry another woman there. Her lawyer successfully argued that a dissolution of a civil union might not be accepted nor recognized in Canada as ending the parties’ marriage.

"To grant the divorce here is not against public policy," Jacobson said. "It's consistent with the strong marriage recognition principles that have been practiced since the 1800s."

In making this decision, the Judge overruled an Attorney General’s directive that gay marriages that occur elsewhere should be treated as a civil union in New Jersey and not as a marriage for dissolution purposes.

It will be interesting to see whether the Attorney General's office appeals this decision or if the legislature will decide to recognize gay marriages performed elsewhere.  Several states are currently grappling with this issue. If recognition of gay marriages does occur in New Jersey, then the barrier against gay marriage will be further lowered.

This post was previously published on my New Jersey Divorce Law Blog. For a consultation on any New Jersey family law matter please contact me at 973 379 9292.  Further information on the law firm of Diamond & Diamond, P.A. can be found on our web-site.

Posted at 09:39 AM
Topic: Family Law
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