Same sex divorce in New York

New York has not passed a law which allows for same sex marriage.  However, pursuant to recent case law, New York does recognize a same sex marriage validly entered into in another state.  Today, five states have successfully legitimized same sex marriage, specifically; Connecticut, Iowa, Massachusetts, New Hampshire,  and Vermont, plus Washington D.C.

New York state recognizes same sex marriages from  these five states under the Full Faith and Credit Clause in regard to divorce.  Therefore, a couple who is married in one of these five states, who meets the residency requirements in New York state to obtain a divorce, can be divorced in the state of New York.  In October of 2010, a New York State Supreme Court granted C.C. and C. M. a divorce after they met the residency requirement of living in New York State for 6 months and were married in Massachusetts, thus a valid marriage.  

This area of the law is new and is still being explored. However, the issues which exist in heterosexual divorce are similar in a homosexual divorce, for example, custody, equitable distribution, maintenance, and child support.    Thus, it is imperative when considering your options in same-sex divorce to speak with a lawyer.  

Categories: Divorce