New York Divorce Report - New York's Divorce and Family Law Blog

While more states are allowing same sex marriage, obtaining a same sex divorce may be problematic. Though the District of Columbia and five states have legalized same-sex marriage, CNN is reporting that some states, which do not recognize same sex marriage explicitly ban same divorce or will not even recognize the validity of the marriage. Though New York will not allow same sex marriage, it will recognize, as valid, marriages performed in a state which allows same sex marriage. In those cases where New York recognizes the validity of same sex marriage, New York courts will permit same sex divorce.... More

Yesterday, the Court of Appeals, New York’s highest court took on the issue of gay marriage.  One of the issues to be decided was whether to continue to recognize same sex marriages legally performed in other jurisdictions. As previously discussed,  New York presently  recognizes, as valid, marriages performed in Canada, Massachusetts, Vermont and the other jurisdictions that permit gay marriage. The Court could decline to recognize foreign marriages and await legislative action on the issue. If New York does not recognize the marriage as valid, a New York same sex divorce may no longer be an option. Given this you,... More

As I predicted in this blog, same sex divorce has come to New York. A Supreme Court judge in Broome County has granted a same-sex Binghamton couple a divorce. As pointed out at Pressconnect.com, this divorce is a bit ironic. New York doesn't allow same-sex marriages, but state Justice Molly R. Fitzgerald allowed Lauren Wells-Weiss to divorce her partner, Shari Weiss. The two married Aug. 13, 2004, in Toronto, after a private religious ceremony before family and friends in Ithaca in 2001. The case is paradoxical, said both women's attorneys, because in their opinion the judge recognized the lesbian couple... More

The Divorce Blog has reported that a same-sex couple, wed in Massachusetts, can divorce in New York. This is consistent with New York’s evolving policy of recognizing same sex marriages entered into outside of the State of New York. I have written about New York's recognition of same sex marriage here. While New York will recognize a same sex marriage lawfully performed in a jurisdiction other than New York, same sex couples cannot wed in New York. I am a bit shocked that it that following the decisions in Martinez v. County of Monroe, and Beth R. v. Donna M.,... More

Following up on yesterday’s posting is this article, in today’s New York Post, (in which I was quoted). The floodgates have opened; there will be thousands of same-sex marriages performed in California in the near future. In the aftermath, I anticipate a wave of same sex divorces. At least, one court has already recognized the right of same sex couples to seek a divorce in New York.  In order to avoid the pain of divorce, same-sex marriage couples should be urged to proceed with caution. As pointed out in the Post: Fools rush in, they said, even gay fools. "It's... More

In the past weeks, I have commented on the two recent court decisions regarding same sex marriage and same sex divorce divorce. I just saw a funny television commercial for the Broadway show, November regarding these very issues. In ad, the President (Nathan Lane) is asked by his aide for his view on gay marriage. He answers: Gays should be allowed to marry, but not to divorce . . . therefore gaining new liberty and all the suffering that comes from knowing that there is no way out. The (ad #2) can be viewed here... More