Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Tuesday, July 5, 2011

Gay Divorces in NYC

From the New York Post:

Wedding planners aren't the only ones riding the gay-marriage gravy train.

Lawyers, too, are expecting a bonanza -- from gay divorce.


"The same issues present themselves with same-sex couples: How do we split assets? What do we do with the children?" Clement said. "The law doesn't change merely because you have same-sex partners."

Mere months after Massachusetts passed its same-sex marriage bill in 2004, gay couples began filing for divorce -- sometimes having to use outdated forms that still listed "husband" and "wife."

Read more here.


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New York courts have been allowing same-sex couples divorce for years. While the couples could not wed in NY, NY would recognize marriages performed in states the would allow same sex marriage. I imagine that the rate same sex divorce in New York will increase now that weddings can actually take place in NY.

Daniel Clement

Posted by: Daniel Clement | Jul 5, 2011 9:26:14 AM

Now that NY allows same-sex marraige, it will also have to allow for same-sex divorce...that is good news for divorce attorneys because this will cause an influx in the number of divorces being filed in the state.

Posted by: Divorce Oklahoma City | Jul 8, 2011 10:37:23 AM

These kind of marriage have legal approval in very few countries .So this case is new to me as i never fight such kind of case in my past.

Posted by: Virginia Divorce Lawyer | Jan 20, 2012 1:54:13 AM

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