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Minnesota's first same-sex divorce case filed

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Minnesota's first same-sex divorce case has been filed, FOX 9 reports.

Dawn Tuckner and her partner were legally wed in 2004 in Canada, but they split up several years ago, FOX and WCCO report. Because Minnesota as of Aug. 1 legally recognizes same-sex marriages – including marriages from other places – the couple can now legally dissolve the union in Minnesota.

Tuckner tells FOX 9 that while many gay couples were eagerly awaiting Aug. 1 to get married in Minnesota, she was eagerly awaiting the date so she could get divorced. "A mistake I made back in 2004, today it's still haunting me," she tells FOX.

Tuckner has met someone else and wants to move on with that relationship. She is also involved in a custody fight over her son.

"They are, whether they like it or not, married," lawyer Jason Brown told FOX. "As a result, before they can remarry, they need to dissolve that first marriage."

Tuckner is among the very first file for divorce after Aug. 1, but others began to file paperwork weeks ago in an attempt to beat a backlog of others, WCCO reports.

WCCO reports that before Aug. 1, Minnesota same-sex couples who wanted to seek a divorce had to move to another state where gay marriage is legal and live there for at least six months.

“Everybody makes mistakes, and we shouldn’t be punished for the mistakes we’ve made in the past based on the law,” Tuckner tells WCCO. “We should be able to move forward, just like everybody else can.”

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