Thursday, July 12, 2012

Can same sex married couples get divorced in Las Vegas?

It is possible to get divorced in Nevada if you were married in another state in a same-sex marriage.   

Need a family law attorney for a divorce in Las Vegas?  Call a Las Vegas divorce law firm at  (702) 435-2121.

The Law Offices of Louis C. Schneider recently divorced a same-sex couple in a Las Vegas District Court.  The judge found that the United States Constitution, Fourteenth Amendment, provides that “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States […] nor deny to any person within its jurisdiction the equal protection of the laws.”

The court further found that “if there is state regulation impacting an individual’s constitutional rights, the burden is upon the government to show that the law is necessary to achieve a compelling government purpose.”

The judges ruled:

Cleary, same sex couples, either lawfully married in other states or wanting to become married, are similarly situated couples in relation to heterosexual couples, and therefore, are entitled to the same protection under the law.

An argument to maintain the “tradition of marriage” being between a man and a woman would result in maintaining the historical discrimination against same sex couples.  This argument would allow discrimination for the sake of tradition.  The U.S. Constitution does not discriminate.

The court found that is has “jurisdiction to divide property in this matter, and to divorce the parties under the full faith and credit clause, as [the parties] were married in California when California recognized same sex marriages."

Therefore, at least one family law judge in Las Vegas recognizes the power of a Nevada District Court to divorce same sex couples married in another state.  A precedent has been set, however it is possible that not all family court judges in Las Vegas would agree with this decision.

However, Nevada does recognize domestic partnerships, which after a few years would be treated like divorces in family court--therefore, it is possible that all judges could be persuaded to recognize out of state same-sex marriages for purposes to overseeing divorces.

When you consider that Nevada has also the most liberal jurisdiction requirements to get divorced, Las Vegas may be the place to come for a same sex divorce.  In order for a Las Vegas divorce court to have jurisdiction over a divorce, at least one of the parties has to live in Nevada for six weeks with the intent to remain indefinitely.

Your experienced divorce law firm in Las Vegas will fight to look out for your interest in a Las Vegas divorce court. You need a Las Vegas family law attorney who is experienced with divorce.  Las Vegas divorce attorney Louis C. Schneider who represents individuals in family law cases involving child custody and divorce.

Your family law firm in Las Vegas should be the Law Offices of Louis C. Schneider and Associates, which is located conveniently near the courthouse in Downtown Las Vegas.  Call a Las Vegas family law firm at  (702) 435-2121.


The information about Las Vegas divorces contained on this page is not intended to be legal advice about family law.  A Las Vegas domestic relations lawyer should always evaluate your family law matter as soon as possible.  You should treat your divorce with the seriousness it requires and hire an experienced professional divorce law firm located in Las Vegas.

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