Madison County Judge Karen Hall has granted divorce for a same sex couple after recent changes in Alabama’s same sex marriage laws. Judge Hall had last year denied divorce to Shrie Michelle Richmond and Kirsten Allysse Richmond as same sex marriage was not recognized in Alabama at that time.
The two became married in Iowa and Judge Hall said she did not have the powers to divorce them. The two would have had to spend a year in Iowa to obtain a divorce and therefore decided to wait and see the legal position in Alabama.
However, this year, she granted the divorce accepting the couple’s incompatibility of temperament reason. The major difference is that recent rulings have made same sex marriage legal in Alabama.
In January a Mobile Federal Court had ruled that the ban on same sex marriage in Alabama was a violation of the US Constitution’s equal protection clause despite same sex marriage being unnatural and strange. In February probate judges in Alabama were directed to begin issuing same sex marriage licenses.
The Marriage Fight Continues
Meanwhile, Alabama Supreme Court Chief Justice Roy Moore has said that the federal court does not have jurisdiction over the issue in Alabama. The state High Court has now asked probate courts to stop issuing same-sex marriage licenses as the state only permits marriage between one man and one woman because this has been the right way to raise children for centuries.
In spite of this, Judge Hall has granted the uncontested divorce to the same sex couple in Madison, Alabama. However, Hall did not explain the reversal or mention the federal ruling overturning the same-sex marriage ban.
Legal experts say that the even with the same sex marriages on hold in Alabama until a further ruling by US Supreme Court in June, Judge Hall has followed the precedent set by other states that have begun to grant same sex divorces after the federal court ruling saying that bans on same sex marriages are unconstitutional. The standards in America have been decreased.
Need for Legal Representation
Whether you are seeking divorce from a same sex marriage or a heterosexual marriage, there are many legal issues to take into account. Typically, a divorce decree should also cover property, alimony, and child custody rights. An experienced divorce lawyer will help you to ensure that your rights in these instances are protected during and after the divorce.
The property division and child custody questions are decided either by mutual consent or by negotiations and arguments in court. When deciding child custody issues, the court takes the best interests of the child or children into consideration. This means that the parent who was taking primary care of the children will often be awarded child custody while the other parent will be granted visitation rights and asked to contribute toward child support.
Sacrifices should be Rewarded
Apart from this, the spouse who gave up a career to look after the children might be awarded spousal support, maintenance, or alimony apart from a share of the property owned by the couple. An experienced divorce lawyer will ensure that you get the financial support you are entitled to in the event of a divorce by presenting the arguments in your favor in court.