Marriage Equality has come to New York State

One of the so-called benefits to marriage is actually divorce. Same-sex marriage means there will be same-sex divorce. In fact, same-sex divorce was first recognized in New York in 2008, when an appeals court found that a same-sex marriage performed in Canada could be legally recognized in New York for the purposes of dissolving the union.

Same-sex marriages are now legally equivalent to heterosexual unions, same-sex couples' right to divorce will be covered under New York's Domestic Relations Law. New York has divorce equality as well as marriage equality. This is not true for all 50 states.

Currently eighteen states and the District of Columbia all have marriage equality but if same-sex couples married in New York leave the state, they may run into trouble getting a divorce, especially if they end up in one of the states that do not recognize same-sex marriage. In some states, such as Wyoming, courts have found a right to divorce even absent the right to marry. In other jurisdictions that don't recognize same-sex marriages, such as Texas, attempts at same-sex divorce have yielded mixed results. It can be a real bind for people, trapped in this legal limbo. People go into their marriages expecting everything to work out, and for the majority of people that's the case. But stuff happens. 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.

Money is easy. It's the children, the truly emotional piece of the relationship, that will be coming to the forefront and have to be dealt with by statute. Our family law practice deals with all areas of same sex marriage, domestic partnership agreements, child custody agreements and adoptions so you can be sure you will be in good hands with this law firm.

Keep in mind that this is a ground breaking period in American culture and law. Trying to navigate the currents of same sex divorce alone, without knowledgeable legal representation is unwise. If you choose to seek a divorce rest assured we will be a strong advocate on your behalf.

Call 631-486-7800 to speak with our divorce lawyer in Commack, NY.