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Legal Separation

b2ap3_thumbnail_lgbtDivorce.jpgMany in the lesbian, gay, bisexual, transgender, and queer (LGBTQ) community celebrating a victory, not only for them, but for the Court’s interpretation of the constitutional rights of all Americans.
In the majority decision of the Court, all states must perform and recognize same-sex marriages, even if the marriage was performed outside of the home state of residence. Citing the protections offered by the Fourteenth Amendment Due Process Clause, the Court has given same-sex marriages the equal constitutional protection that heterosexual marriages are granted.

Justice Anthony Kennedy authored the Court’s opinion stating that the fundamental ideals of marriage are the same for both same-sex marriages and those between a man and a woman. Marriages based on love, fidelity, devotion, sacrifice, and family apply to both types of marriages and should be available to two consenting adults who respect that union. He added that same-sex couples want the same type of committed and respected marriage that heterosexuals enjoy where two people come together and become greater than before. To deny them of that right is unconstitutional in the eyes of the law.

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Posted by on in Legal Separation

b2ap3_thumbnail_img.couple-yelling-silhouette-alberta-law.jpg In some circumstances, one spouse may consider suing his or her spouse for particularly egregious conduct. However, whether the spouse can bring a viable claim against his or her spouse depends on the nature of the behavior, the nature of the relationship, state law and the particular circumstances involved.

Common Law Considerations

At common law, suing one’s spouse was generally outlawed. The legal reasoning behind this is because a married couple was sometimes viewed as a single entity. Therefore, by suing one’s spouse, an individual was really suing himself or herself. This concept was largely known as the “spousal immunity” rule.

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Tagged in: divorce family law
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