Rosie O’Donnell Getting Divorced?

[Carlos Baez]

Rating: Caliente™

Rosie O’Donnell and Kelli Carpenter were one of the most famous married gay couples. But they are couples no more. That, if true, raises some legal questions.

Can they get a divorce in New York?

New York, unlike Massachusetts and a number of other states, does not allow same-sex marriages. But do they allow same sex divorces? Probably. Even though the state of New York disallows gays and lesbians to marry, New York does give full faith and credit to gay marriages that were legal in the states in which they were solemnized. So, while Rosie and Kelli got married in California, they would not have to go back to California and establish residency for at least a year in order to get a divorce. They can legally divorce here in the State of New York. (Normally, one has to be a resident of a state anywhere from 6 months to 2 years in some states in order to get divorced in that state.) Go here for residency requirements in New York: Residency Requirements. (There is some question whether the marriage in California is valid given the prop 8 situation that occurred in 2008)

Legal issues:

What about the kids?

What rights to the parties have?

Can the court award split custody?

What about assets and equitable distribution?

Without a prenup, Kelli may even be entitled to life long alimony from Rosie?

Meanwhile, Rosie O'Donnell is taking her relationship with new girlfriend Tracy Kachtick-Anders to the next level - the couple has made plans to move in together before O’Donnell gets divorced.


Source: www.CyberHollywood.ning.com


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