Same Sex Divorce- Available in New York, Questionable Elsewhere

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While more states are allowing same sex marriage, obtaining a same sex divorce may be problematic. Though the District of Columbia and five states have legalized same-sex marriage, CNN is reporting that some states, which do not recognize same sex marriage explicitly ban same divorce or will not even recognize the validity of the marriage.

Though New York will not allow same sex marriage, it will recognize, as valid, marriages performed in a state which allows same sex marriage. In those cases where New York recognizes the validity of same sex marriage, New York courts will permit same sex divorce. In fact, I have been fortunate enough to have represented successful same sex litigants seeking a divorce.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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