Recent Cases

The Right to Same-Sex Marriage… And Divorce

Even as I sit down at my keyboard today, writing this seems counterintuitive to that which the attorneys of Michigan’s Nessel & Kessel Law, and their clients are traveling to the nation’s capital next week to argue, but the more I think, and the more I type, the more I realize the issues are one, and the same.

For years same-sex couples and activists have fought a system stacked ever-so-clearly in favor of heterosexual couples for the right to marry — and the right to divorce.

Considering same-sex divorce

The D-word. It’s not a word any couple wants to think about considering. But it happens. Same-sex couples love the same as straight couples; they cohabitate the same; they fight the same; and sometimes, they seek same-sex divorce.

Just as marriage equality is poised to sweep the whole of the nation once and for all, same-sex divorce is poised to boom. And that’s no surprise, for the simple fact of the matter that more couples are eligible to be married, and so more are eligible to be divorced.

A recent study done by the Williams Institute at UCLA found that out of the 640,000 total same-sex couples in the United States, 50,000 of those couples married in 2011.

Imagine that number today, four years later.

What the Williams Institute also found was that, in states where it was allowed, the marriage rate among homosexual couples was rising quickly toward that of heterosexual couples (e.g., In Massachusetts, in 2011, 68 percent of gay couples were married, compared to 91 percent of heterosexual couples).

Durability and longevity of same-sex marriage

Some have argued: But the evidence shows that same-sex marriages are more durable, and last longer than straight marriages! Well, yes. For now.

While what Williams Institute researchers found backs up this claim (About one percent of gay marriages dissolve each year, while that number is double for straight couples.), that just can’t last. People are fickle, and fight; people cheat, and they lie. People get married, and stay married for all the wrong reasons.

Love is love, no matter the sex of the lovers.

But just as true is this:

Irreconcilable differences are irreconcilable, no matter the sex of the couple.

That is why, just as heartily as we will argue for same-sex couples’ right to wed, we will open the doors to our office in Ann Arbor, Michigan for couples seeking a same-sex divorce.

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