The Corner

Legal Question

Any lawyers out there in Cornerland? I’d love to have your best judgement on likely legal scenarios for the enforcement of divorce agreements, as well as child custody and support agreements, in the wake of legalized gay marriage in Massachusetts. Here’s the problem. Let’s say George and Ted marry in Massachusetts, where they live, but buy a vacation home as joint tenants in Texas. After some time, the couple separates. George stays in Massachusetts, while Ted moves in to the second home in Texas. Meanwhile, George files for divorce in Massachusetts, which decrees that the Texas home be sold and the proceeds divided evenly between George and Ted. Ted down in Texas refuses to cooperate, so George hires a Texas lawyer. Now what? If the Texas court enforces the Massachusetts judgement (which is entitled to full faith and credit under Article IV, but arguably wouldn’t be so entitled under the Defense of Marriage Act), then the legal impact of same-sex marriage has crossed state lines. Or, if Texas refuses to support the Massachusetts judgement (in light of state and/or federal DOMA’s), we have a potentially very messy situation on our hands. And what do we make of this sort of scenario in cases of child custody and support? So do you lawyers out there see any relatively simple way to resolve the potential confusion here, or do you see ongoing conflict and a lack of clear resolution? Again, I’d love to have your best judgement on the likely legal scenarios.

Stanley Kurtz is a senior fellow at the Ethics and Public Policy Center.
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