Posts Categorized: Same Sex Divorce

Same Sex Marriage and the Residence Requirement

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In order to have standing to proceed with a marriage dissolution in Minnesota, the petitioning party must have resided (or been domiciled) in Minnesota for at least 180 days.  When gay marriage was legalized in Minnesota, however, a new exception to that rule emerged.  The reason for the exception is the fact that there are… Read more »

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Developments in Gay Divorce in Minnesota

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The latest development in gay divorce in Minnesota happened in probate court.  On August 1, a Hennepin County District Court judge upheld a probate court referee’s ruling that a surviving partner of a same-sex marriage was entitled to inherit the decedent partner’s assets.  The couple was married legally in California in 2008, moved to Minnesota… Read more »

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Same Sex Divorce in Minnesota – Part 2

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As a followup to my November blog post about gay divorce, it is interesting to note Minn. Stat. Section 517.03, which dates back to 1997, and reads as follows (note the italicized parts): (a) The following marriages are prohibited: (1) a marriage entered into before the dissolution of an earlier marriage of one of the… Read more »

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Same Sex Divorce in Minnesota

Posted by & filed under Same Sex Divorce.

Now that gay marriage has been legalized in some states, the time has come to tackle the issue of gay divorces.  There is some debate in the legal community about how (or even whether) same-sex divorces should be handled in Minnesota.  Minnesota law provides that a person who has resided in Minnesota for 180 days… Read more »

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