Category Archives: Domestic Partnership

New York's divorce and family law blog

DOMA Unconstitutional: Federal Government to Recognize New York Same Sex Marriage

24175-same sex marraigeThe United States Supreme Court in a 5-4 decision struck down the Defense of Marriage Act. DOMA defined marriage as a union between a man and a woman only.  While some states, like New York, permit same sex marriage, the federal government, until now, did not recognize the validity of those marriages. In the Windsor case decided today (previously discussed here), Edith Windsor sued the federal government because it failed to recognize her Canadian marriage to Thea Speyer. Speyer died, leaving...
Read more

Same Sex Divorce- Available in New York, Questionable Elsewhere

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...

Read more

New York Courts Have Jurisdiction To Dissolve Civil Unions

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...

Read more

Wave of Same-Sex Divorce to Follow Flood of Marriages?

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...
Read more