Portrait of John K Grubb

Texas Divorce and Prenuptial Agreement

4550 Post Oak Place, Suite 201 • Houston, Texas 77027-3139

Phone: 713-877-8800 • Fax: 713-877-1229

Same Sex Couples Now Able to Marry (and Divorce) in New York

Big news over the past week has been New York’s passing of Governor Cuomo’s marriage equality legislation. New York is the sixth state in the country to allow same-sex couples to marry. It is the largest state to do so. Only two other states – California and Texas – are more populous, but same-sex couples are not able to marry there. A Houston prenuptial agreement attorney can provide further details on what the new law means for recognition of same-sex marriages and divorces in other states.

Because same-sex marriage is possible in New York, that means same-sex divorces will also be possible, which states have handled more haphazardly. Three years ago, a New York appeals court permitted a same-sex couple to divorce afterthey married in Canada, so the state has done it before, but there was no standard procedure for same-sex couples who went their separate ways.  Courts throughout the country handle such divorces on a case-by-case basis.

Same-sex couples who divorce in New York will now be able to employ the same domestic and family law that heterosexual couples do when they divorce. Judges in the state will not have to be as creative and look to other states and even countries to see how to handle same-sex divorces. Difficulties will persist, however, for same-sex couples who leave the state. A post a few weeks ago discussed how Wyoming, despite not recognizing such marriages, is able to dissolve them. More information on this rapidly evolving area of law is available from a Houston divorce attorney.

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