I’ve written previously about the issues in NJ about same sex divorce and dissolution. NJ’s Attorney General’s office has taken the position that NJ courts should only grant civil union dissolutions even if the same sex couple in question was legally married in another jurisdiction. On Friday, NJ Superior Court Judge Mary Jacobson granted a divorce in the case of Hammond vs. Hammond.
La Kia and Kinyati Hammond were married in British Columbia, Canada in 2004 (after years in a relationship) and then moved to Maryland. In 2005, La Kia learned she had a terminal form of muscular dystrophy, was told she had two years to live, left Kinyati and moved with her daughter to NJ. La Kia is now in a relationship with another woman and wants to be able to marry her in Canada before she dies.
Judge Jacobson found compelling the argument that authorities in Canada may not accept a dissolution of a civil union as equivalent to a divorce and thereby not allowing La Kia to be remarried. Since La Kia is not a resident of Canada (but is a resident of NJ), she would not be able to receive a divorce in Canada. Kinyati now lives in Delaware and did not respond to the filings.
The attorney general’s office has not decided if they will appeal the ruling.