Same-Sex Marriage and Divorce
Is your New York divorce recognized in all states?
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,…
Read MoreHow does infidelity affect a New York divorce?
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…
Read MoreSame sex divorces in New York
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…
Read MoreTips for same-sex couples preparing for divorce
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…
Read MoreSame-sex divorce remains yet to be clearly defined
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.…
Read MoreNew York State Domestic Relations Law summarized
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…
Read MoreHow to respond when you find out that your spouse is gay
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…
Read MoreChallenges same-sex couples may face when seeking a divorce
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…
Read MoreWhether a sperm donor is considered a “father”
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. …
Read MoreSame sex divorce: an evolving practice
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…
Read MoreSame sex marriages will be allowed in the United Kingdom
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…
Read MoreWell-known pregnant man was denied his divorce
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…
Read MoreParent in a same-sex relationship allowed parental rights over adoptive child
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.…
Read MoreUnderstanding today’s Supreme Court’s rulings on same-sex marriage
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…
Read MoreSupreme Court hears oral arguments in DOMA case
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…
Read MoreU.S. Supreme Court obtains all documents needed to review and decide whether to uphold DOMA
The U.S. Supreme Court has received all of the legal briefs submitted on the issue as to whether the Defense of Marriage Act defining marriage to be between a man and a woman is constitutional illegal. It was reported in a February 28, 2013 New York Law Journal article that the legal counsel in support…
Read MoreMaine’s legislature joins on in support of overturning DOMA
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.…
Read MoreMedical records allowed to be submitted as evidence in child custody dispute
A same-sex couple battled over the best interest of their child in a heated child custody battle, as reported by the New York Law Journal in an October 25, 2012 article. As the custody dispute went on, one of the ex-partners requested that the other partner’s medical records be subpoenaed. The pair fought over whether…
Read MoreChallenge of the New York same-sex marriage law is dismissed
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…
Read MoreNew York wedding venue sued for discriminating against same-sex marrying couple
Planning your wedding is supposed to be a wonderful thing. To arrange the plans on how you will celebrate the union of you and your significant other. However, that was not the case for two women who were turned away from their potential wedding site for the mere fact that it was a gay wedding.…
Read MoreFunds for fighting DOMA are running low and so is the act’s public support
For the last two years, Paul Clement has been trying to defend the enforced of the Defense of Marriage Act in the U.S. federal courts. According to an October 22, 2012 New York Law Journal article the House Republicans have been paying high legal fees in an effort to keep DOMA legal and active. DOMA…
Read MoreNew York Court of Appeals does not uphold the Defense of Marriage Act (DOMA)
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…
Read MoreBronx Divorce Lawyer On Same-Sex Marriage Ruling
PETITIONER SEEKS TO TAKE DOMA CHALLENGE TO HIGH COURT
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…
Read MoreCan a family have more than 2 parents? California to vote
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…
Read MoreNew York City backs resident’s lawsuit on marriage with legal brief
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…
Read MoreNew York judge favors same-sex marriage verdict
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…
Read MoreNorth Carolina vetoes all same-sex unions
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…
Read MoreMaryland agrees to grant same-sex divorces
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…
Read MoreSame-sex couples now face new federal tax challenge
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…
Read MoreTurning a cohabitation agreement into a prenuptial agreement
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…
Read MoreSame-sex marriage legalized for four hours in the Mid-West
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…
Read MoreMarried same-sex couples get tax breaks in New York
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.…
Read MoreFamily court judge rules that party in civil union does not have obligations to partner’s child
A New York judge ruled that a party in same-sex union did not have any obligations to the union’s child, as reported in an August 1st, 2011, New York Law Journal article. The same-sex couple entered into a civil union, during which one of the parties adopted his biological niece in 2005 with the…
Read MoreComments on President Obama’s DOMA views
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…
Read MoreGay right activists now fighting for military rights for same-sex spouses
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…
Read MoreBronx family attorney blogs on the many discriminations gay rights’ activist still face
Same-sex couples may be able to marry in New York but these couples still face heavy discrimination, especially those individuals that are immigrants, as reported in a June 28th, 2011 New York Times article. Under federal law, same-sex marriages are not recognized, but gay immigrants face even more discriminations. Currently, gay people and immigrants…
Read MoreBronx family attorney comments on gay-rights advocates’ views on same-sex marriage law
Since July 24th, 2011 thousands of gay and lesbian couples across New York have been tying the knot. But many are not completely happy with the current law status, as reported in a New York Times article published July 24th, 2011. Many gay rights’ advocates have expressed their concerns regarding the federal government’s view on…
Read MoreBronx family lawyer comments on casino’s attempt to market towards gay individuals
A rainbow flag is now proudly waving outside the entrance of the Resort Casino Hotel in Atlantic City to help promote the opening of their new gay club, as reported in a July 9th, 2011 New York Times article. The casino is commonly known for being the first legal casino to open back in…
Read MoreBronx family attorney comments on new bigamy lawsuit filed.
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…
Read MoreBronx divorce attorney comments on same-sex couples divorcing
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…
Read MoreBronx family attorney comments on the ‘don’t ask, don’t tell’ policy
The New York Times reported in a July 11th, 2011 article that a case in the federal appeals court in California is challenging the intent of the ‘don’t ask, don’t tell’ policy. This policy implemented by the military back in 1993. The policy allowed gay men, lesbians, and bisexual individuals to actively serve in…
Read MoreBronx family lawyer discusses judge’s ethic duty to uphold same-sex marriages
As July 24th, 2011 gets closer more judges are saying, “I do†to the duty of volunteering on their Sunday off, as reported in a New York Times article published July 15th 2011. On July 24th, 2011 same-sex couples will be able to register for a marriage licenses. However, only a judge will be…
Read MoreBronx family lawyer comments on same-sex couples winning the lottery
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…
Read MoreBronx family lawyer blogs about New York passing same-sex marriage bill
History has been made for the gay rights’ movement! The New York Senate passed a bill legalizing same-sex marriages in New York, making New York the largest state to pass the law, as reported in a June 25th, 2011, New York Times article. The Senate passed the law and was signed into affect by…
Read MoreBronx family lawyer comments on Governor Cuomo’s funding
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,…
Read MoreBronx family lawyer blogs on court hour extensions for same-sex marriages
Same-sex couples will be able to obtain a marriage license on July 24th, 2011 but the day falls on a Sunday. No worries! New York City’s clerk offices will still open in celebration of the new law going into effect, reported the New York Times in a July 7th, 2011 article. “This is a…
Read MoreBronx family lawyer comments on the need for DOMA to be repealed
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…
Read MoreBronx family lawyer comments on Mayor Bloomberg conducting one of the first New York same-sex marriages
Mayor Michael R. Bloomberg was one of the front-runners in politicians who supported New York legalizing same-sex marriages. Mr. Bloomberg gave speeches, lobbied lawmakers, pressured other politicians to vote in favor, held fund-raisers and on July 24th, 2011 will host and preside over one of the first New York same-sex marriage, as reported in…
Read MoreBronx family lawyer discusses the changes in married same-sex couple’s rights
New York same-sex married couples can breathe a sigh of relief on the issue of their estate planning reported The New York Law Journal in a July 1st, 2011 published article. Before the passing of the bill that legalized same-sex marriages, if a person in a same-sex couple passed away without a will and…
Read MoreBronx family lawyer comments on Senator Ruben Diaz voting no on legalizing same-sex marriages
New York State Senator Ruben Diaz Sr. was the only Democrat to vote against passing the bill that legalized same-sex marriages in New York. Mr. Diaz said he voted no because it represented his and his district’s view. However, many of the people in his district disagree with Mr. Ruben, as reported in a…
Read MoreBronx Family Lawyer Comments on Congress intervening on DOMA cases
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…
Read MoreBronx Family attorney on gay rights and health benefits for their partners
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…
Read MoreBronx family attorney discusses the New York same-sex bill
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…
Read MoreBronx divorce attorney comments on public offical support of leagalizaing same-sex marriages
Recent polls have shown that the general public is extremely supportive of allowing same-sex marriages reported The New York Law Journal on June 1st, 2011. In addition to the general public, public officials have started to announce their support in marriage equality as well. President Bill Clinton recently announced his support for marriage equality…
Read MoreBronx family lawyer discusses the Defense of Marriage Act taking another legal attack
The Defense of Marriage Act (DOMA) took another legal attack, reported a New York Times’ article on June 15th, 2011. In the past year DOMA, which was originally signed into affect by President Bill Clinton in 1996, has taken numerous attacks by the legal system in the past year. Last July, a federal…
Read MoreBronx family attorney on republicans backing same-sex marriage
 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…
Read MoreBronx divorce attorney blogging about New York Bar groups backing legal rights on same-sex marriage
“We have identified over 1,300 laws and regulations in New York that identify same-sex couples in New York and treat them unfairly,†said Stephen P. Younger the president of the New York State Bar Association. Mr. Younger was quoted in a New York Law Journal article on May 17th, 2011, discussing the current issue of…
Read MoreBronx family attorney on gay rights and health benefits for their partners
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…
Read MoreBRONX FAMILY ATTORNEY BLOGGING ABOUT DIAZ FAMILY GAY RIGHTS’ RALLIES
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…
Read MoreBRONX DIVORCE ATTORNEY BLOGGING ABOUT NEW YORK BAR GROUPS BACKING LEGAL RIGHTS ON SAME-SEX MARRIAGE
“We have identified over 1,300 laws and regulations in New York that identify same-sex couples in New York and treat them unfairly,†said Stephen P. Younger the president of the New York State Bar Association. Mr. Younger was quoted in a New York Law Journal article on May 17th, 2011, discussing the current issue of…
Read MoreBRONX FAMILY ATTORNEY COMMENTING ON SAME-SEX DIVORCE IN NEW YORK
Same-sex couples may not be able to get married in New York but they may be granted a divorced. The New York Law Journal reported on May 23rd, 2011, that a growing number of New York judges are now allowing same-sex couples to obtain a divorced in New York; even though the state does not…
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