Mowery Youell & Galeano, Ltd.
Mowery Youell & Galeano, LTD. Attorneys at Law
485 Metro Place South, Suite 220 Dublin, OH 43017
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Same-sex marriage, divorce, reach Ohio

The U.S. Supreme Court’s ruling last month that same-sex couples have the same right to get married as couples made up by a woman and a man continues to have repercussions across the country. One of the implications is that, once same-sex couples get married, they also have the right to get divorced if the relationship goes sour.

Now that the ruling is the law of the land, same-sex couples in Ohio whose marital status has been in limbo because of an out-of-state wedding now have some clarity. Those who wish to have their marriage recognized by the state now enjoy that status. And those who wish to divorce will be able to, including a woman who was briefly granted a divorce from her wife last year, until the judge reversed himself.

At the time, the judge said he initially granted the divorce because he was unaware that the case involved two women, and that state law at the time did not recognize their union as legally valid. In his decision, the judge suggested that the then-upcoming Supreme Court case could change the outcome of the divorce petition, if filed again.

Indeed, the woman refiled her divorce petition less than three weeks after the Court recognized her marriage rights, according to the Associated Press.

Whether the members of a divorcing couple are the same or opposite sexes, they are very likely going to face the same issues. Dividing marital property would not seem to be any different for a same-sex couple; nor would determining child custody, child support or spousal support.

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