Rhode Island Supreme Court Accepts Divorce Case Involving Gay Couple Married in Massachusetts
An interesting Associated Press article on TheDay.com details how the Rhode Island Supreme Court will hear a case involving a gay couple who was married in Massachusetts and wants to get a divorce in Rhode Island. Cassandra Ormiston and Margaret Chambers were married in 2005 in Massachusetts, where gay marriages are legal. The couple currently lives in Rhode Island and has cited irreconcilable differences as the reason for their divorce. With that said, Rhode Island law is silent in terms of the legality of same-sex marriages; thus leaving the state Supreme Court with the decision of whether a lower court in the state can recognize a same-sex marriage from another state in order to handle a divorce petition.
In December, Chief Family Court Judge Jeremiah S. Jeremiah Jr. asked the Rhode Island Supreme Court whether he had jurisdiction to handle such a case, which is believed to be the first gay divorce case in the state’s history. After initially requesting more information, the Rhode Island Supreme Court accepted this divorce case on Monday. It will decide whether the Family Court can accept the same-sex marriage for the purpose of handling the divorce petition.
If the Rhode Island Supreme Court comes to a decision that the Family Court can accept such a case, the story said that the matter would most likely be sent back to Jeremiah. However, if the Rhode Island Supreme Court rules in the opposite direction, lawyers in the story said that the two women seeking divorce will likely have to move to Massachusetts and live there long enough in order to get a divorce.
A court date has not yet been set for this case. The Rhode Island Supreme Court will now accept written briefs on or before August 1st and has invited the state’s governor, attorney general and other legislative leaders to file briefs. We’ll keep you updated on the latest developments with this same-sex Rhode Island divorce case.
