Wednesday, February 08, 2012

976 The Gay Divorcee

976 The Gay Divorcee

This is not exactly what they were thinking in the early 30s when “The Gay Divorcee” first played to Broadway and movie audiences.  But the language changes with the times, or times change with the language and now we have something new for the lawyers to do.

It was Fred Astaire and Ginger Rogers’ first starring role together with music by Cole Porter (the stage version didn’t have the same songs as the film) sang is about a woman who wants a divorce from her husband.

Now, it’s about women who want divorces from their wives and men who want divorces from their husbands.

To understate, gay marriage is not accepted everywhere.  But gay divorce is even tougher.  Let’s say a couple travels to Massachusetts to marry, then returns home to Alabama.  It doesn’t work out, so they go to the courthouse in, oh, Montgomery seeking a divorce, and get shooed away.  The state doesn’t recognize the marriage and won’t grant a divorce.  Why not just make another trip to Massachusetts?  Not that simple.  To get a divorce there, they require at least one year’s residence.

If these two simply go their separate ways, then want to marry outside the original marriage, is that bigamy?  Or is it polygamy?   Or... what?  If there are assets to divide, who gets what?

Married in Massachusetts but living together for longer than the law has been the law has its hazards, especially if there’s pre-marital joint property and if there are children.

Here come the lawyers.  Since divorce law is divorce law, they say, it should be a snap.  Nope.  If the state (and therefore its courts) don’t recognize the marriage in the first place, the divorce laws don’t apply. Welcome to limbo.

Can’t wait for the TV ads.


Shrapnel:  

--So the ban on gay marriage in California has now been declared unconstitutional.  That 9th circuit federal appeals court strikes down a law that was designed to revoke existing rights.  Now, what about the divorce thing?

--Congratulations to the NFL Giants of East Rutherford, NJ for winning their second (censored) Bowl in four years.  Oh, wait, we’re not allowed to call it the (censored) Bowl without paying royalties to the league.  And this year, not to be outdone by Janet Jackson’s “wardrobe malfunction” of 2004, we were treated to watching the British “singer,” “M.I.A.” flip the bird.

--It’s not even in wide distribution yet and already there’s controversy over “Aero Shot,” a caffeine “drink” you inhale.  Developers say it’s safe as coffee.  Others say it’s another dangerous buzz inducer and should be banned.

Have You Noticed? Economic figures always seem to improve in a presidential election year regardless of which party in power, giving further credence to the popular and probably accurate notion that they don’t mean anything much to begin with?

I’m Wes Richards.  My opinions are my own but you’re welcome to them. ®
Please address comments to wesrichards@gmail.com
More of this nonsense at Wessays Extras which is clickable on the right side of this page under the heading “My Blog List.”
© WJR 2012

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4759 The Supreme Court

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