New York Divorce Lawyer & Attorney : Clement Law Firm : Family Law Serving Manhattan, Westchester County, Brooklyn, Queens, Bronx, New York City

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 was married, although New York state law doesn't allow same-sex marriages.

New York will recognize as valid, marriages which were legal where they were solemnized, even if they would not valid if the marriage took place in New York.

Although New York will not allow same sex couples to wed, in the past year, there has been a line of cases which have recognized, as valid, same sex marriages lawfully performed in Canada and Massachusetts. In these cases, courts have extended to same sex couples legal rights previously only available to lawfully wed couples.

My only disappointment is that I had hoped that one of the same sex divorce cases I am presently working on would be New York’s first. Perhaps I will have to take consolation in representing litigants in the first New York City same-sex divorce.

 

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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., that it took so long for someone to bring a same sex divorce case. The only question is now that the same sex divorce cases began, when will the floodgates open
 

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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 not a decision to rush into," said Jim Key, a spokesman for the LA Lesbian and Gay Center.

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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

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