HUNTSVILLE, Alabama -- A Madison County Circuit judge has dismissed a divorce request filed by a Madison County same-sex couple, citing Alabama law that does not recognize same-sex marriage, or same-sex marriages performed in other states.

Karen Hall, the circuit's presiding judge, entered the one-sentence order late this morning, saying the divorce petition - which was filed last week -- does not contain any claims where relief can be granted, "pursuant to the laws of this state."

Shrie Michelle Richmond and Kirsten Allysse Richmond were seeking an uncontested divorce. They are both from Alabama and both of their families live here, said Patrick Hill, the attorney who filed the divorce petition. The couple has no children and included a notice to the court outlining the division of their property.

They went to Iowa for a weekend to get married in late 2012 and then returned to Alabama. According to the recorder's office in Dubuque, Iowa, the couple married in Dubuque on Nov. 2, 2012.

Same-sex marriage was legalized in Iowa in 2009. But Alabama is not one of the 17 states that recognize the marriages as valid.

Hill, who represents Michelle Richmond, said the law needs to be changed and he will appeal.

"I have a lot of faith in the court system, I have a lot of faith in Judge Karen hall and I believe she ruled the only way she is able to given the current state of the law in Alabama," Hill said. "It's my intention to pursue this as far as I can to see to it that the law that prevents my client from getting a divorce is reversed, and the divorce case is given back to Judge Hall."

The court filing includes the formal note that the women have been residents of Madison and Morgan counties for at least six months. Alabama requires at least six months of residency to grant a divorce.

Hill said this week that state's bar on recognizing same-sex marriages puts the women in a difficult position in attempting to divorce. Under the present circumstances they would have to leave Alabama and live somewhere else to establish residency to be granted a divorce. Iowa requires a year of residency before a divorce can be granted.

Alabama passed the "Alabama Marriage Protection Act" in 1998 which pointedly rejects same-sex marriage. The law says "marriage is inherently a unique relationship between a man and a woman." It goes on to say the state "shall not recognize as valid any marriage of parties of the same sex that occurred or was alleged to have occurred as a result of the law of any jurisdiction regardless of whether a marriage license was issued."

In 2006 voters passed an amendment to the Alabama Constitution declaring marriage can only be between a man and a woman.

The U.S. Supreme Court last year granted federal tax and other benefits to same-sex couples but stopped short of declaring same-sex marriage bans unconstitutional.

Hill said he will file a motion asking Judge Hall to reconsider her order. If that is unsuccessful, Hill said he will file an appeal with the Alabama Court of Civil Appeals.

"I anticipate I may have to file lawsuit in U.S. District Court under the 14th Amendment's equal protection clause," Hill said. "Under most circumstances if there was a problem with what I filed I would have opportunity to correct it. However this ruling is based simply on the gender of these two women."

Updated at 3:20 p.m. to include Hill's comments; at 10:10 p.m. to include that the two women are from Alabama. Updated at 9:40 a.m. March 17, to include Shrie Michelle Richmond's full name.

