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Jim Reed Discusses Same-Sex Divorce in Indiana

11.25.2014

Bingham Greenebaum Doll LLP partner James Reed recently discussed the issues same-sex couples in Indiana could face if they seek a divorce with The Indiana Lawyer. The article came after a same-sex couple living in Indiana was denied their petition to divorce, because at the time Indiana did not recognize out-of-state marriages between gay and lesbian couples. However, since then the Indiana Court of Appeals has granted a motion to remand the case to the trial court for further proceedings.

The Indiana case came on the heels of the Supreme Court of the United States’ denial to hear a same-sex marriage lawsuit; SCOTUS could still take up the matter if a federal Circuit Court upholds a marriage ban.

According to Reed, attorneys representing same-sex couples say legal chaos would ensue if the Supreme Court backtracks and rules marriage bans to be constitutional. 

Reed advises same-sex clients to consider a premarital agreement before entering into marriage. Since all states do not currently recognize same-sex marriage, parties would be wise to put into place legal documents that would protect them if they move to a non-recognition state, he said.

To read the full article, “SCOTUS denial of cases open door to new same-sex couple issues”, visit The Indiana Lawyer website.

To learn more about James Reed and his practice, please visit his profile.

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