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Pennsylvania began issuing same-sex marriage licenses a year before the Supreme Court decision in Obergefell v. Hodges (see the article in this issueby Frank Gulino) as a result of the Pennsylvania U.S. District Court case Whitewood v. Wolf, 992 F. Supp. 2d 410, 420 (M.D. Pa. 2014). Prior to Whitewood‘ same-sex couples in Pennsylvania could not obtain a marriage license, and same-sex marriages that occurred in another state were not recognized in Pennsylvania. Consequently, courts in Pennsylvania generally would not dissolve legally established same-sex marriages that occurred in other states. This caused serious problems for same-sex couples who entered into a marriage in another state and could not dissolve their relationship in Pennsylvania. Ordinarily, the same-sex couple could not go back to the state in which they were married to get a divorce because, in order to obtain a divorce, most states require a person to be a resident of that state for a substantial amount of time. Thus, same-sex couples in Pennsylvania were left with very limited options to dissolve their relationship legally.
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By Matthew A. Feigin
This article is intended to help practitioners by warning of mistakes the author has seen matrimonial attorneys make in applying federal tax law.
By Laurence J. Cutler and Alyssa M. Clemente
Part Two of a Two-Part Article
According to the authors, using the holding of recent New Jersey Supreme Court case Bisbing v. Bisbing as a model, the clear and current trend throughout the United States that when a custodial parent is seeking to relocate outside of the state with a child, the best interest of the child standard should apply.
By David Bliven
This article addresses some deficiencies in reviewing separation or settlement agreements done in divorce cases, and recommends various clauses that practitioners may implement in their own practices.
Analysis of a case in which the Eighth Circuit reversed the confirmation by the Board of Immigration Appeals of a deportation order because the Immigration Judge’s finding of a fraudulent marriage was not based on proper evidence.