Same-sex marriage has been a hot-button issue for some time. The United States Supreme Court is expected to release rulings in the California Proposition 8 and federal Defense of Marriage Act cases this month. But, same-sex marriages may also end in divorce.
While the issue of same-sex marriage in California is temporarily somewhat in limbo in the absence of a Supreme Court decision, sources say that "Glee" actress Jane Lynch and her wife Lara Embry are expected to dissolve their three year marriage in California.
The two were married in 2010 in Massachusetts, but the two reside in California. Generally, residency in a state for at least one of the parties is a requirement to access state courts, and family law issues are a matter for state courts. Lynch reportedly announced Monday that she and her wife are splitting up.
Some states that do not directly recognize same-sex marriages do not otherwise recognize unions sanctioned in other states where gay marriage is legal. Although same-sex marriage is under legal review in California, our state does recognize such unions from states where same-sex marriage is legal.
Few details are known about what (if any) issues may arise in a divorce between the actress and her partner who is a psychologist. Lynch reportedly told People magazine that the parties seek to maintain privacy in the family law matter. But, because the divorce is expected to occur in California, and not Massachusetts where the couple originally married, the issues (if any) will be resolved under California law.
Sources say that no prenuptial agreement was entered into between the two women. California is a community property state. But, as the divorce appears likely and the parties are hoping for some privacy, commentators suggest that the two may be seeking an amicable settlement in any divorce. The Los Angeles Times reports that Lynch told People magazine that she and Ms. Embry still care deeply for each other.
Source: Los Angeles Times, “Jane Lynch, Lara Embry to divorce after three-year marriage," Christie DZurilla, June 10, 2013