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People today move around a lot more than they used to. If you’re in the U.S. military, then this is especially true. If you were divorced in New York and move to another state for work or personal reasons, will the divorce be recognized there, allowing you to remarry if you meet someone else? Yes,…

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You’ve discovered that your spouse has been having an affair for months and feel confused, angry, and betrayed. After a while, you decide that the marriage is irretrievably broken and want a divorce. How will your spouse’s adulterous behavior affect the divorce process? Before 1967, adultery was a major factor in a New York divorce…

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Same-sex marriage has been legal in New York State since the passing of the Marriage Equality Act in 2011 and, as with all unions, divorce is always an unfortunate possibility. The requirements for same-sex divorce are the same as those that apply to heterosexual couples: you must satisfy the residency requirements set forth in New…

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Divorce is never easy, but same-sex couples have their own unique concerns when it comes time to end the marriage. Read on to learn more about to handle this situation appropriately. Talk to an attorney first You need a New York divorce attorney who has experience dealing with these kinds of special issues. Since rules…

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With all the recent news about same-sex marriage, there is a lot of legal precedents that remains to be set with regard to same-sex divorce. Although the phenomenon of parting ways from a same-sex marriage is not necessarily new, it has not been handled in America’s courts in the high numbers that heterosexual marriages have.…

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The Domestic Relations Law is part of New York’s legal code. This part is often abbreviated, DRL. The DRL is composed of sixteen articles. These articles form the backbone of New York’s laws on marriage, divorce and family law. A summary of each article of the DRL follows. Article 1 The article gives the short…

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When one finds out that his or her spouse is gay, this can be very surprising, life changing, challenging, and it can and will probably change everything as reported by the Huffington Post in a December 29, 2013 article. The person who was your life partner and the one person that you thought you  knew…

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In New York, in order to get divorced at least one of the parties must have been a New York State resident and must currently be a resident. This regulation can create problems for same-sex couples who were married in New York but do not live there. This rule does not apply to getting married…

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Many couples turn to sperm banks when they are unable to conceive a child, more specifically, same sex couples who are unable to conceive. Consequently, many sperm donors waive whatever rights or claims they might have on the child produced from their sperm. Today there are ads for sperm donors online, for instance on Craigslist. …

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Same sex couples are only allowed to get married in the few states that have legalized same sex marriages. Thus, if a state does not recognize same sex marriages and a same sex couple residing in that the state wants to get married, then they have to travel to a state that has legalized same…

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Same sex marriages are not legal in the United Kingdom as yet; thus many couples have entered into civil partnerships.  However, same sex marriages will become legal at the end of March 2014 when the Marriage Act is effective as reported by the Guardian in a January 24, 2014 article. Therefore, an issue that arises…

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Everyone knows the pregnant man, Thomas Beatie, who was born a female in Hawaii and who went by the name of Tracy Lagondino. Beatie currently has three children and he underwent a sex change from about 1997 to 2002. Beatie then changed his personal records to reflect that he was a man, for instance his…

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A woman sought to obtain child visitation or joint custody over the children that she co-parented while in a relationship with the child’s mother, as reported by the Topeka Capital Journal in a February 22, 2013 news article. During the women’s relationship the mother of child was artificially inseminated and gave birth to two children.…

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Today, the Supreme Court of the United States released two major decisions affecting same-sex marriage in the country. The Court struck down the Defense of Marriage Act (DOMA) in the case United States v. Windsor. Minutes later the decision on Hollingsworth v. Perry was released. This decision stopped petitioners from making California’s Proposition 8, which…

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Lawyers argued before the Supreme Court why the Defense of Marriage Act (DOMA) should be overturned and allow Federal Government to recognize same-sex marriages. Based on the comments and questions asked by the justices it appears that the majority of the Supreme Court is in favor of overturning the federal law, as reported by ABC…

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It was reported in a March 2, 2013 Republic news article that three out of four of Maine’s legislature members have thrown their support in favor of ruling against DOMA. The three politicians joined in signing on a “friend of the court” brief that argues for DOMA to be found unconstitutional for violating Equal Protection.…

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A New York Court of Appeals has rejected to hear a motion filed by a conservative group to overturn New York legalizing same-sex marriage, as reported by the New York Times in an October 23, 2012 article. New Yorkers for Constitutional Freedoms petitioned the New York court accusing the State Senate for violating the Open…

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Today same sex couples are not recognized as having the same legal rights as heterosexual couples. On Thursday, in Windsor v. United States,  New York’s Appellate Court ruled that DOMA is unconstitutional because it does not award same sex couples the same rights as heterosexual couples, as reported by the New York Law Journal in…

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Petitioner’s attorney has asked the Court to review the constitutionality of the Defense of Marriage Act (DOMA), according to the July 17th, 2012 edition of the New York Law Journal. DOMA, passed in 1996, defines marriage as a legal union between a man and a woman.  It says that a state does not have to…

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A bill that challenges the traditional definition of a family passed in the California state Senate and is now in the state Assembly. This bill would allow a child to have more than two parents according to a July 10, 2012 Fox News online article. According to a statement by the bill’s sponsor, it is…

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New York City Mayor, Michael R. Bloomberg, and Speaker of the City Council, Christine C. Quinn, say that they will file an amicus brief opposing the Defense of Marriage Act (DOMA) citing that it is unconstitutional. According to a June 21, 2012 New York Times article, the “friend-of-the-court” legal brief will be filed with a…

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Southern District Judge ruled in a New York court that the Defense of Marriage Act denied equal benefits to same-sex couples, as reported in a June 7th, 2012 New York Law Journal article. The judge granted summary judgment in favor of a widowed lesbian plaintiff who is suing the government for failing to recognize her…

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North Carolina voters came out in high numbers to make their voices heard on the hot button topic of legalizing same-sex marriage, as reported in a May 8th, 2012 New York Times news article. Amendment 1 as proposed by the North Carolina legislature would define what would be considered a recognizable and legal domestic relationship…

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The state of Maryland took a big legal jump on the issue of same-sex marriages, as reported in a May 19th, 2012 New York Times news article. The state’s Court of Appeals ruled 7 to 0 favoring the ability for married same-sex couples to be able to divorce in the state. The state currently does…

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Many states have started to recognize and legalize same-sex marriage however the federal government has not. Since the federal government does not recognize such marriages, same-sex couples are viewed as independent individuals when filing their federal taxes. Sometimes this can be a benefit for the same-sex couple, like when one adopts another’s child. Under the…

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Cohabiting agreements are not only used for heterosexuals who wish not to marry but also for same-sex couples, as reported in an August 1st, 2011 New York Law Journal article. Although New York legalized same-sex marriages in July, many same-sex couples do not wish to make the ultimate leap into marriage yet. While others who…

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Iowa legalized same-sex marriage for four whole hours, as reported in a September 1st, 2011 New York Times article. A lower court judge in Iowa ruled the state banned on same-sex marriages was unconstitutional and overturned the state law. Word of the law being overturned spread fast and many same-sex couples rushed to the county…

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Same-sex married couples in New York cannot only enjoy the right to marry but now they can enjoy some of the state tax privileges too, as reported in an August 6th New York Times article. New York state tax laws have now been modified to extent tax benefits to those same-sex couples who are married.…

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According to a New York Times article published on July 19th, 2011, President Barack Obama’s views on gay and lesbian rights could be “evolving.” President Obama ran for president promising to be a strong fighter for equality among the gay and lesbian community, and he delivered. Since being in office President Obama added crimes committed…

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  The battle for equality rages on for same-sex married couples. In a July 16th, 2011 New York Times article, gay rights’ advocates have now turned their attention to gaining equal benefits for same-sex married couples who have a spouse currently serving in the U.S. military. The ‘don’t ask, don’t tell’ policy is expected to…

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  Gay rights’ activists are still fighting to gain the right to marry in every state. But one underrepresented group is just starting to gain the media’s attention on their fight to gain the right to marry. And marry. And marry again. Kody Brown is known from the popular TLC television show, “Sister Wives,” which…

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  Gay rights’ activists have fought long and hard to legalize same-sex marriages in states like New York. But now it looks like they will be fighting for the right to end their marriage too. A July 3rd, 2011 New York Times article addressed the many issues that same-sex couples are now facing when their…

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Everyone dreams about winning the lottery. On July 24th, 2011, 764 couples will win the lottery in New York, the matrimonial lottery that is. According to a July 20th, 2011 New York Law Journal article, New York will putting all couples registering for a marriage licenses on July 24th into a large lottery and draw…

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  New York Governor Andrew M. Cuomo led the campaign to legalize same-sex marriages in New York and his supporters are paying him back, literally. The New York Times reported in a July 16th 2011 article that Empire State Pride Agenda and other gay-rights groups have made large contributions to the Governor’s campaign. Since January,…

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  Same-sex married couples are now receiving their state rights in New York but federal rights are still being withheld, reported the New York Law Journal in a July 1st, 2011 article. The Defense of Marriage Act, better known as DOMA, is still in affect and defines marriage between a man and a woman. Because…

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  The Justice Department will no longer argue that the Defense of Marriage Act (DOMA) is constitutional, as reported in a New York Law Journal article on June 3rd, 2011. The Justice Department ruled that DOMA, a federal act defining marriage as between one man and one woman, violates the equal protection clause by not…

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  Same-sex marriage is a well-known political issue without a current resolution insight. This has led some big name companies to take it upon themselves to help equal the benefits for their same-sex married employees reported, The New York Times on May 21st, 2011. While most heterosexual married employees take for granted their ability to…

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  Gay rights activists are just one vote away from reaching their goal of passing a bill that would legalize same-sex marriages in New York. As reported in a New York Law Journal article on June 16th, 2011, gay right activists have been working hard to persuade the Senate to vote “yes” to legalizing same-sex…

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  Legalizing same-sex marriage has been a hot issue on New York’s political floor. Gay rights advocates have been increasing their efforts to get a bill passed by the Senate to legalize same-sex marriages. Of course these efforts are supported by funds donated to the cause. What’s so surprising is to find out who these…

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Same-sex marriage is a well-known political issue without a current resolution insight. This has led some big name companies to take it upon themselves to help equal the benefits for their same-sex married employees reported, The New York Times on May 21st, 2011. While most heterosexual married employees take for granted their ability to add…

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Family feud does not even begin to describe the relationship between Senator Ruben Diaz Sr. and his granddaughter Erica Diaz. Both are activist, strong minded, and believe in standing up for their politically views. The only problem…they are on opposite sides of a major issue, gay rights. Senator Diaz is the Bronx State Senator, a…

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