Same-Sex Divorce In The United States: Protecting The Interests Of The Children

In light of recent political, legal, and legislative developments, the status of same-sex couples across the United States has become increasingly complex. This article focuses on the issue of same-sex divorce in a mobile society. When a same-sex couple moves from a state recognizing same-sex marriage—or from Canada—to a state that does not expressly recognize same-sex marriage, dissolution of that marriage can become a byzantine problem much more complex than a state’s “official” position on same-sex marriage. Relevant factors can range from the state’s legislative and executive pronouncements affecting homosexual citizens in areas such as pension benefits and health plans to seemingly unrelated judicial decisions concerning other aspects of family law. This article examines this patchwork of factors and their implications. It ultimately concludes that the presence or absence of children may be the key factor, whether articulated or not, in judicial decisions regarding whether to open the courthouse doors to a same-sex couple

Same-Sex Divorce In The United States: Protecting The Interests Of The Children

In light of recent political, legal, and legislative developments, the status of same-sex couples across the United States has become increasingly complex. This article focuses on the issue of same-sex divorce in a mobile society. When a same-sex couple moves from a state recognizing same-sex marriage—or from Canada—to a state that does not expressly recognize same-sex marriage, dissolution of that marriage can become a byzantine problem much more complex than a state’s “official” position on same-sex marriage. Relevant factors can range from the state’s legislative and executive pronouncements affecting homosexual citizens in areas such as pension benefits and health plans to seemingly unrelated judicial decisions concerning other aspects of family law. This article examines this patchwork of factors and their implications. It ultimately concludes that the presence or absence of children may be the key factor, whether articulated or not, in judicial decisions regarding whether to open the courthouse doors to a same-sex couple

That Thorny Issue Redux: California Grandparent Visitation Law in the Wake of Troxel v. Granville

This article is about Troxel\u27s practical impact as it has played out in the laboratory of the California court system. To understand Troxel\u27s effect, one must first understand the legal and social landscape that preceded it. Accordingly, the first section of this article explores the political and societal origins of grandparent Visitation statutes. It also reviews the basic types of grandparent visitation statutes and the arguments made on each side of a typical pre-Troxel grandparent visitation suit. The second step in understanding Troxel\u27s effect is to understand the decision itself. Troxel is a plurality opinion. Although the individual concurrences and dissents will be of interest to constitutional scholars for years to come, the real importance of the decision, for state courts which must implement it, is found in Justice O\u27Connor\u27s plurality opinion

That Thorny Issue Redux: California Grandparent Visitation Law in the Wake of Troxel v. Granville

This article is about Troxel\u27s practical impact as it has played out in the laboratory of the California court system. To understand Troxel\u27s effect, one must first understand the legal and social landscape that preceded it. Accordingly, the first section of this article explores the political and societal origins of grandparent Visitation statutes. It also reviews the basic types of grandparent visitation statutes and the arguments made on each side of a typical pre-Troxel grandparent visitation suit. The second step in understanding Troxel\u27s effect is to understand the decision itself. Troxel is a plurality opinion. Although the individual concurrences and dissents will be of interest to constitutional scholars for years to come, the real importance of the decision, for state courts which must implement it, is found in Justice O\u27Connor\u27s plurality opinion