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DC non-resident gay divorce bill passes

The bill described earlier on this blog has now been enacted by the City Council and sent to the mayor to be signed, The Washington Post reports.

Does it cover any situations outside of what the Council is contemplating -- people who have moved to states that will not divorce them because they do not recognize gay marriages? Well, it expressly covers only same-sex marriages, but it might allow same-sex divorce when the parties' states or countries lack divorce jurisdiction for some reason other than disapproving of same-sex marriage. The key wording is --

"An action for divorce by persons of the same gender, even if one of or neither party to the marriage is a bona fide resident of the District of Columbia at the time the action is commenced, shall be maintainable if the following apply:

“(A) The marriage was performed in the District of Columbia; and

“(B) Neither party to the marriage resides in a jurisdiction that will maintain an action for divorce; provided that it shall be a rebuttable presumption that a jurisdiction will not maintain an action for divorce if the jurisdiction does not recognize the marriage.

Full bill text here.


Hoping for a Divorce

So I saw that it passed the council vote has the mayor signed it yet. Is it an active bill yet? Can people who were married there pursue a divorce if they do not live there yet?

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