How can the law affect same-sex relationships retroactively?
Current Legal Issues
There are a number of scenarios that might arise that would raise the question of retroactivity in the law. For instance, what if you were in a monogamous same-sex relationship, that would, under the new laws, qualify as a common law marriage. However, prior to the laws permitting same-sex marriage, you split up and went your separate ways. With the new laws in place, would this mean that because your previous relationship would have been considered a common law marriage that you would be required to get a divorce prior to marrying another person? A similar situation would arise if you actually got married in another state and moved back to Oklahoma, and then later terminated the relationship but didn’t get a legal divorce because Oklahoma didn’t recognize the marriage anyway. Would a future marriage to another person be considered bigamy? Would the common law spouse and ceremonially married spouse both have rights in the event that the mutual spouse died?
All of these questions are still waiting to be answered. In the mean time, it is better to be safe and thorough, that to wing it. Until these issues are settled, the best advice is to formally and legally divorce your former same-sex partner and to remarry your current spouse. This is the best way to preserve your wishes and desires and protect you and your current spouse.
Legal Concern
If you have concerns regarding a same-sex relationship, give us a call to discuss your legal options. Whatever your circumstance, we are here to help.
Boeheim Freeman Law is committed to helping you and providing you with the best legal representation and counsel. Why hire an attorney, when you can hire a team?