New York Divorce Report - Same Sex Divorce- Available in New York, Questionable Elsewhere - Comments http://divorce.clementlaw.com/ Daniel E. Clement: New Jersey & NY Lawyer & Attorney for Family Law & Pre-Nuptials en Copyright 2011 Mon, 10 Jan 2011 14:48:27 -0500 Mon, 10 Jan 2011 14:48:27 -0500 http://www.sixapart.com/movabletype/?v=4.32-en http://blogs.law.harvard.edu/tech/rss Helen M. Dukhan The irony that you highlight at the end of this post is very interesting. In fact,at first I agreed with your conclusion that if a state does not allow same-sex divorce, because they do not recognize same-sex marriage, they are forcing a same sex couple to stay in a union that the state prohibits. However, really the state does not recognize their union and does not have to provide the same sex couple any benefits of such a union, so really they are not forcing them to stay married, as they are not recognized as married in the first place.

I have also represented a same sex couple in a divorce in the state of New York, and the fact of the couple being of the same sex was never brought up or even acknowledged by the Court, because they were legally married in a state that recognizes such a union.

You should check out the post on my blog at wwww.familyandmatrimoniallaw.blogspot.com - about the same sex marriage in Texas. You might find it interesting.

Until next time,

Helen M. Dukhan, Esq., LL.M.

]]> http://divorce.clementlaw.com/domestic-partnership/same-sex-divorce--available-in-new-york-questionable-elsewhere/#17677 http://divorce.clementlaw.com/domestic-partnership/same-sex-divorce--available-in-new-york-questionable-elsewhere/#17677 Domestic Partnership Mon, 03 May 2010 23:26:59 -0500 Daniel Clement Dan Clement Thanks for your comments.

I too have found there to be no difference in the way the trial courts handle same sex or opposite sex divorces, except that some of the forms, particularly the department of health form, must be updated because they only refer to husbands and wives.

]]> http://divorce.clementlaw.com/domestic-partnership/same-sex-divorce--available-in-new-york-questionable-elsewhere/#17720 http://divorce.clementlaw.com/domestic-partnership/same-sex-divorce--available-in-new-york-questionable-elsewhere/#17720 Domestic Partnership Mon, 03 May 2010 23:26:59 -0500 Daniel Clement shawn steele I am a married homosexual liveing in ny. got marrie in vermont what I dont get about this whole thing is why do we get judged all the time. My husband and I are haveing multiple problems in our relationship I think that ny needs to reconize and alow gay marriage its not fair that we have to live and stay un happy. I was told that to get divorced I would have to live in vermont for 6 months to file its not like I can just leave ny so I beleave that ny should still let same sex divorce even though we didnt get married in ny.

]]> http://divorce.clementlaw.com/domestic-partnership/same-sex-divorce--available-in-new-york-questionable-elsewhere/#24102 http://divorce.clementlaw.com/domestic-partnership/same-sex-divorce--available-in-new-york-questionable-elsewhere/#24102 Domestic Partnership Mon, 03 May 2010 23:26:59 -0500 Daniel Clement Daniel Clement Actually, you can be divorced in New York, provided the jurisdictional requirements are met. I have had some success in assisting same sex couples divorce.

Daniel Clement

]]> http://divorce.clementlaw.com/domestic-partnership/same-sex-divorce--available-in-new-york-questionable-elsewhere/#24103 http://divorce.clementlaw.com/domestic-partnership/same-sex-divorce--available-in-new-york-questionable-elsewhere/#24103 Domestic Partnership Mon, 03 May 2010 23:26:59 -0500 Daniel Clement