NY allows same-sex marriage, divorce
Source: Agencies |
June 26, 2011, Sunday
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AS New York's same-sex couples head to the altar to celebrate their newly won right to marry, they can take comfort in the fact that, if it doesn't work out, their right to get divorced in the state just got a lot easier as well.
State senators on Friday voted 33-29 to approve marriage equality legislation introduced by Governor Andrew Cuomo, a Democrat in his first year of office. New York will become the sixth and most populous US state to allow gay marriage.
"One of the so-called benefits to marriage is actually divorce," said Ruthann Robson, professor of law at the City University of New York. "If same-sex marriage is recognized, same-sex divorce would be recognized too."
In fact, same-sex divorce was first recognized in New York in 2008, when an appeals court found a same-sex marriage performed in Canada could be legally recognized in New York for the purposes of dissolving the union.
But without a formal law on the books, same-sex divorce in the state has proceeded on a case-by-case basis, creating some degree of uncertainty for same-sex couples looking to undo their unions, said Bettina Hindin, an attorney at Raoul Felder and Partners, who has represented same-sex couples in New York divorce proceedings.
Since same-sex marriages are now legally equivalent to heterosexual unions, same-sex couples' right to divorce will be rooted in New York's Domestic Relations Law, rather than made up of court rulings and individual judges' decisions, according to Hindin.
If same-sex couples married in New York leave the state, however, they may run into trouble getting a divorce, especially if they end up in one of the 30 states that do not recognize same-sex marriage, said Susan Sommer, senior counsel at Lambda Legal, which advocates for gay rights.
One issue that remains unresolved by the same-sex marriage vote is child custody, where one partner is a biological parent but the other has failed to adopt the child.
State senators on Friday voted 33-29 to approve marriage equality legislation introduced by Governor Andrew Cuomo, a Democrat in his first year of office. New York will become the sixth and most populous US state to allow gay marriage.
"One of the so-called benefits to marriage is actually divorce," said Ruthann Robson, professor of law at the City University of New York. "If same-sex marriage is recognized, same-sex divorce would be recognized too."
In fact, same-sex divorce was first recognized in New York in 2008, when an appeals court found a same-sex marriage performed in Canada could be legally recognized in New York for the purposes of dissolving the union.
But without a formal law on the books, same-sex divorce in the state has proceeded on a case-by-case basis, creating some degree of uncertainty for same-sex couples looking to undo their unions, said Bettina Hindin, an attorney at Raoul Felder and Partners, who has represented same-sex couples in New York divorce proceedings.
Since same-sex marriages are now legally equivalent to heterosexual unions, same-sex couples' right to divorce will be rooted in New York's Domestic Relations Law, rather than made up of court rulings and individual judges' decisions, according to Hindin.
If same-sex couples married in New York leave the state, however, they may run into trouble getting a divorce, especially if they end up in one of the 30 states that do not recognize same-sex marriage, said Susan Sommer, senior counsel at Lambda Legal, which advocates for gay rights.
One issue that remains unresolved by the same-sex marriage vote is child custody, where one partner is a biological parent but the other has failed to adopt the child.
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