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Despite a Kentucky law that bars the recognition of gay marriages performed where they are legal, a Jefferson Family Court judge has granted the state’s first same-sex divorce.

In the first ruling of its kind in Kentucky, Judge Joseph O’Reilly permitted the divorce of two Louisville women who were legally married in Massachusetts.

Though state law says gay marriages performed elsewhere are void in Kentucky, O’Reilly said that barring same-sex couples to divorce here violates the state constitutional guarantee that all people should be treated as equals.

In an eight-page opinion dissolving the marriage of Alysha Romero and Rebecca Sue Romero, O’Reilly also noted that Kentucky divorce law requires that it be “liberally construed” to promote “amicable settlements” of disputes between spouses.

Alysha Romero said in an interview that she was pleased she and her ex-spouse would not have to spend the time and money to return to Massachusetts, where they were wed, to end their marriage.

“I am happy the judge made the right decision,” she said.

Her lawyer, Louis Waterman, said: “I am just thrilled with Judge O’Reilly’s courage. I think he had a lot of chutzpah to do what he did.”

Douglas Haynes, who represented Rebecca Romero, said she was thrilled by the ruling but did not want to comment.

Chris Hartman, director of the Fairness Campaign, said the ruling “is just another step in the direction of full legal rights for LGBT couples.”

Gay-rights opponents in Kentucky had predicted the divorce would not be granted.

Martin Cothran, an analyst with the Family Foundation of Kentucky, told The Courier-Journal after the divorce was filed in October 2013 that the marriage “can’t either cease or continue because legally it does not exist.” And Denny Burk, an assistant professor of biblical studies at Southern Baptist Theological Seminary, said “Kentuckians have a moral and legal interest in not recognizing gay ‘marriage’ even if means denying a gay ‘divorce.’ ”

But no one, including Gov. Steve Beshear, who has defended the state’s ban on gay marriage, intervened to try to prevent the divorce. Neither Cothran nor Burk responded Monday to requests for comment, while Beshear spokeswoman Kerri Richardson said he had no comment.

The ruling comes as the U.S. Supreme Court is poised to decide Friday whether to hear cases from Kentucky and three other states in which a federal appeals court ruled that there is no constitutional right to gay marriage.

A divorce (also called “dissolution of marriage” or “dissolution of domestic partnership”) ends your marriage or domestic partnership (or both if you are both married and in a domestic partnership with your spouse). After you get divorced, you will be single, and you can marry or become a domestic partner again.

You can get a divorce if you say you have “irreconcilable differences” with your spouse or domestic partner. You do not have to give the court any other reason or prove anything. There is no “guilty” or “non-guilty” person, from the court’s point of view. That is why California is called a “no-fault” divorce state.

The only thing the court is interested in is helping the separating spouses or partners reach a fair agreement about how their life will be restructured after the divorce so they can move ahead to rebuild their lives.

When you start a divorce case, you can ask the judge to make orders about:

Custody and visitation;
Child support;
Spousal or partner support;
The division of your property; and
Who will be responsible for paying debts.

If lawyers are involved, you may be able to get orders about who will pay their fees. You can also ask the judge to make other orders about things like domestic violence. Learn more about domestic violence and staying safe.

The divorce process will take at least 6 months from the date the person filing for divorce officially lets his or her spouse or domestic partner know about the divorce. The case can take longer. BUT it cannot be faster than the 6 months. This is a mandatory waiting period required by California law and no couple can be divorced faster than 6 months. You will be able to get all your paperwork turned in to the court and your divorce judgment approved, but the divorce itself will not be final until at least 6 months after starting the case.

Summary dissolution
Some couples that have been married or in a registered domestic partnership for less than 5 years can get a “summary dissolution” as long as they also meet other requirements. A summary dissolution is an easier way to end your marriage or domestic partnership (or both). Learn more about summary dissolutions.
California residency requirements for divorce

For married persons to get a divorce:

You MUST meet California’s residency requirements. Either you or your spouse must have lived in:

California for the last 6 months, AND
The county where you plan to file the divorce for the last 3 months.

If you and your spouse have lived in California for at least 6 months but in different counties for at least 3 months, you can file in either county.

If you do not meet the residency requirement, you can still file for a legal separation. Once enough time has passed so that you meet the residency requirement for a divorce, you may file an “amended petition” and ask the court for a divorce.

EXCEPTION: Same-sex married couples who got married in California but do not live in California and live in a state (or states) that will not dissolve a same-sex marriage, can file to end their same-sex marriage in California, regardless of these residency requirements. You must file in whichever county you were married. Keep in mind that if neither of you lives in California, the court may not be able to make orders about other issues like property and debt, partner support, or your children. If this is your situation, talk to a lawyer with experience in same-sex marriage laws. Click for help finding a lawyer.

For domestic partners to get a divorce:

If your domestic partnership is registered in California, you have automatically agreed to the jurisdiction of the California courts to end your domestic partnerships — even if you move away or have never lived in California. So you do NOT need to meet the residency requirements that married couples must meet.

If your domestic partnership was NOT registered in California, you or your domestic partner must have lived in:

California for the last 6 months, AND
The county where you plan to file the divorce for the last 3 months.

If you and your domestic partner do not live in California, when you file to end your domestic partnership in California, the court may not be able to make orders about other issues like property and debt, partner support, or your children. If this is your situation, talk to a lawyer with experience in domestic partnership laws. Click for help finding a lawyer.

NOTE: If you are in both, a same-sex marriage AND a domestic partnership, and you want to end both at the same time, you must meet the requirements for both.