Regional
9:17 am
Tue July 2, 2013

Same-Sex Divorce Request to Test Indiana Law

Indiana Statehouse in Indianapolis
Indiana Statehouse in Indianapolis
Credit Wikipedia

An Indiana man who married his same-sex partner in Massachusetts has filed a divorce petition in Indianapolis in a move likely to test legal boundaries in a state that doesn't recognize such unions.

Donald Schultz Lee doesn't meet the residency requirement for a divorce in Massachusetts, so his attorney filed his petition to divorce Justin Schultz Lee with the Marion County clerk's office.

Clerk Beth White tells WISH-TV that last week's U.S. Supreme Court ruling on the Defense of Marriage Act is likely to create situations like this that Indiana isn't used to handling.

Attorney Kathy Harmon says she expects Judge David Shaheed to reject the divorce petition but plans to appeal if that occurs.

A 2009 court ruling found that same-sex divorce is prohibited in Indiana.