Your tip
Your tip
RadarOnlineRadarOnline
or
Sign in with lockrMail

EXCLUSIVE: Rosie O'Donnell Marriage Breakup A Legal Nightmare, Says Lawyer

Oct. 23 2009, Published 7:20 a.m. ET

RadarOnline CommentsLink to FacebookShare to XShare to FlipboardShare to Email

Breaking up is indeed hard to do.

Rosie O’Donnell and Kelli Carpenter could be facing a potential legal minefield as they try and decided what to do with their four kids and their assets as their relationship crumbles, RadarOnline.com has exclusively learned.

As RadarOnline.com was first to report, the marriage of the former actress/talk show host and Carpenter is over.

Gay marriage expert and lawyer Frederick Hertz claims that same sex divorces are more difficult to deal with than traditional ones because the law is so murky towards them.

Article continues below advertisement

The author of Making It Legal, A Guide To Same-Sex Marriage, Domestic Partnerships & Civil Unions said: “My advice to them would be to try and work out things privately because there is a tremendous burden on same sex couples as the law is so unclear.

Rosie O'Donnell's Marriage Crumbling

“Both Rosie and Kelli should try and acknowledge all the complexities and try and come-up with a solution that suits both them and their kids and not be inflicted by any legal laws that they are supposed to follow.”

Article continues below advertisement

According to the legal expert, O’Donnell and Carpenter’s 2004 marriage in San Francisco was invalidated after the California Supreme Court avoided all these marriages in their Proposition 8 ruling in May.

It is unknown if the couple exchanged vows once again during the amnesty period prior to the May ruling or if they became a legally registered couple or entered into a civil union in another state.

Article continues below advertisement

EXCLUSIVE DETAILS: Rosie O'Donnell's Wife Moves Out

Fredrick’s added: “Much depends where their legal residency is because the laws are so different in New York and Florida where the couple has homes.

“If it is the case that they are not legally married or have not registered as a couple or entered a civil union then they will essentially be treated as single people. This means for money and property aspects each will own whatever they own neither have any rights to alimony or property claims.

Article continues below advertisement

If their children were legally adopted by both parents then these adoptions are recognized in New York State but they may not be recognized in Florida.

If one of the couple did not legally adopt one of their children then the second parent may or may not have rights depending on what state their residency is given as.”

Celeb Gay Marriages Upheld By California Supreme Court

Frederick goes onto say: “Rosie and Kelly certainly have a lot to deal with because not only are there legal complexities but their divorce is very public too.

Article continues below advertisement

Ideally, as with all divorces they need to work together privately and come-up with a working solution that suits them and not necessarily the courts.”

The couple have four children Parker 14, Chelsea, 12, Blake, 9, and Vivienne, 6, who was conceived through a sperm donation to Carpenter.

It’s understood that Carpenter has moved-out of their Manhattan condo as the couple try and thrash-out their difficulties.

Image of a woman with shocked expression

Never Miss an

Exclusive

Daily updates from the heart of Hollywood, right to your inbox

By entering your email and clicking Sign Up, you’re agreeing to let us send you customized marketing messages about us and our advertising partners. You are also agreeing to our Terms of Service and Privacy Policy.

READ MORE ON Celebrity

The website for Frederick Hertz new book on gay divorce is www.MakingItLegal.net

Opt-out of personalized ads

© Copyright 2024 RADAR ONLINE™️. A DIVISION OF MYSTIFY ENTERTAINMENT NETWORK INC. RADAR ONLINE is a registered trademark. All rights reserved. Registration on or use of this site constitutes acceptance of our Terms of Service, Privacy Policy and Cookies Policy. People may receive compensation for some links to products and services. Offers may be subject to change without notice.