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

As Above the Law points out,  it is ironic that on the day a federal judge in struck down California’s ban on same sex marriage, a New York appeals court ruled that a same-sex partner may be liable for child support. In the case H.M. v. E.T, the Court ruled that the when the  partner of a child’s biological mother consciously chooses, together with the biological mother, to bring that child into the world through [artificial insemination,] and where the child is conceived in reliance upon the partner’s implied promise to support the child, a cause of action for child support... More

New York’s highest court, the Court of Appeals, granted a non-adoptive or biological parent visitation with her former same sex partners’ child. In a very narrow ruling, the Court in the case Debra H. v. Janice R., held that only biological or adoptive parents can seek visitation or custody of children. The parties, Debra H. and Janice R., entered into a Vermont civil union in 2003. A month later, Janice R., who was artificially inseminated, gave birth to M.R. Janice denied Debra’s requests to adopt M.R. and their relationship soured. When Janice refused Debra’s efforts to have visitation with M.R.,... More

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

A New York court has jurisdiction to hear an action to dissolve a civil union validly entered into outside of this state and to equitably distribute the property acquired during the civil union. New York courts have recognized and been increasingly accepting of the rights of same sex couples. New York will, for instance recognize, as valid, an out-of-state same-sex marriage even though the marriage could not have been solemnized in New York. In Dickerson v. Thompson, the parties traveled to Vermont and entered into a civil union. Both parties were residents of New York throughout their relationship; neither party... More

The New York Court of Appeals narrowly upheld same sex marriage in New York.   The Court, in a 4-3 decision did not settle the question  of whether same-sex marriages performed in other states should be recognized. Judge Eugene F. Pigott Jr., writing for the majority, expressed “hope that the Legislature will address this controversy.” The three judges in  a concurring decision,said that the court should have addressed the wider issue because New York law already allows for the recognition of marriages that are considered legal elsewhere. In her concurring opinion,  Judge Carmen Beauchamp Ciparick, wrote  “that the orders under review... 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

It was been an interesting week in family law practice, which I thought I note before taking a few days off with my family .  In the same week Governor Paterson announced that he was introducing legislation to recognize same sex marriage, a couple decisions involving the custody rights of same sex marriages were announced.   In the first, Debra H. v. Janice R., the Appellate Division, First Department, held that the same sex partner of a woman who gave birth did not have standing to assert parental rights after the parties broke up.   The Court ruled that although Debra H.,... 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

Courts throughout New York continue to expand the rights of parties in same-sex marriages. For the first time, a judge has ruled that the survivor of a legal same-sex marriage is entitled to inherit from his spouse's estate. Although New York will not recognize a same-sex marriage performed within the state, with a few exceptions, courts and state agencies will recognize marriages solemnized in Canada, Massachusetts and other states where same sex marriage is legal. In Matter of the Estate of H. Kenneth Ranftle, Surrogate Judge Kristin Booth Glen designated J. Craig Leiby as the "surviving spouse and sole distributee"... 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

Massachusetts will soon allow same sex couples from other states to wed reports theSteven Ballard in the Massachusetts Divorce & Family Law Blog. As I previously reported, while New York will not allow same sex couples to wed, it will recognize as valid, marriages performed in jurisdictions that allow same sex marriage. I guess New England will soon become a popular wedding andhoneymoon destination for New York’s same sex couples.... 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 an environment where every day we are greeted with news about the troubled economy, we are thankful for any sign of economic growth. Today, California began performing same sex marriages which may provide a boost to the local California economy. The New York Times reported that: The potential windfall of same-sex marriage was underscored this week in a study by the Williams Institute at the University of California, Los Angeles, School of Law, which estimated that over three years, same-sex nuptials would contribute $684 million to the state’s wedding industry and $64 million to the state budget. The... More

Governor David Paterson must be a follower of this blog. I have written several times in the recent past about  decisions in which the courts have recognized the validity of same sex marriages performed in other jurisdictions. Now, the Governor has issued an directive requiring all New York State agencies to offer gay couples, wed in jurisdictions that allow same sex marriage (like Canada, Massachusetts and now California), the same legal rights as enjoyed by heterosexual couples. According to the New York Times, “The revisions are most likely to involve as many as 1,300 statutes and regulations in New York... More

A second appellate court went out of its way to implicitly recognize the legitimacy of same sex marriage in New York. I previously discussed the case of Funderburke v. State of New York in which the claim of an employee of the Uniondale school district who sought health benefits for his same-sex partner was dismissed. The basis of the dismissal was that New York, at the time, did not recognize same sex marriage. The parties were validly married in Canada. Since that time, as I have posted, New York courts began to recognize the validity of same sex marriages. In... 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

I am back from a much needed warm weather winter vacation with the family. Now, back to blogging. While I was away, Justice Laura Drager rendered an important decision in the case Beth R. v. Donna M. Following the decision in Martinez v. Monroe County, which I discussed here, Justice Drager ruled that a same-sex marriage, validly entered into in a jurisdiction that allows same-sex marriages, would be entitled to full legal recognition in New York. This is the first time that a New York court recognized a same sex marriage in the context of a same-sex divorce action. The... More

A New York appeals court unanimously ruled that a gay couple's marriage in Canada should be recognized in New York. As pointed out in the Sui Generis-a New York Law Blog, at issue in Martinez v. County of Monroe was whether Monroe Community College properly denied health care benefits to the female partner of a female student. The MCC student had previously married her partner in Canada. The New York Legal Update fills in some more of the relevant facts: On July 5, 2004, the plaintiff Patricia Martinez married her same-sex partner, Lisa Ann Golden, in the Province of Ontario,... More