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same sex divorce/family law matters Archives

Marriage equality equals divorce equality for same sex couples

The U.S. Supreme Court ruled in favor of marriage equality in June of 2015. As a result, same sex couples are entitled to the same rights as heterosexual couples -- including a divorce. New York was one of the states that allowed same sex couples to wed before the Highest Court's ruling and has its own laws regarding the process for divorcing couples.

Separate rulings result in conflict over same-sex parental rights

The Supreme Court ruling in 2015 regarding marriage equality may have been understood by some families to provide protection for more than just marital relationships. There could be some same-sex couples who have assumed that this ruling also confers parental rights when a marriage ends in divorce. There may be many New York families who are attempting to discern how custody could be affected in a same-sex dissolution that includes children.

Same sex adoptions gaining more acceptance

Families come into being in wonderfully diverse ways. One growing family dynamic is that of the ones including a same sex couple and their children. While many of these couples do find ways to have a biological child, a more common way of raising children is through same sex adoption. It is likely that there are hundreds of these families who call New York their home.

Several changes in views of same sex marriage

As recently as June 2015, there were still 14 states in America that would not grant equal rights to certain couples that wished to marry. However, the United States Supreme Court ruled in June of that year that all couples were to be granted equal protections under the constitution, including same sex couples. While New York laws granted these rights before that date, it has taken some time for the rest of the country to catch up with modern views.

Woman wants judge recused overs views of same sex relationships

In spite of the 2015 ruling that ensured that all marriages are protected, there are still officials who hold opinions that run contrary to that law. There have been some instances when judges have been asked to recuse themselves after their personal views regarding same sex relationships conflicted with a case on their dockets. While New York has laws that have protected the rights of same sex couples, there may be circumstances when a resident may fear that his or her rights will not be safeguarded.

State ordered to pay fees over same sex marriage litigation

Now that same sex marriage has been given the same consideration as a hetero sex marriage, some states have had to make adjustments in their laws. While New York recognized the rights of same sex couples to marry before the 2015 United States Supreme Court ruling, some couples had to pursue legal recourse to ensure that their rights were recognized and protected. Now one state has been ordered to pay fees over some of those lawsuits.

Family law issues remain for same-sex parents who divorce

The U.S. Supreme Court's landmark ruling in 2015 went a long ways toward settling the matter of marriage equality. However, there are issues that remain. In spite of the fact that same-sex couples are entitled to the same marriage rights, some family law concerns can still cause heartache and confusion for many of these couples. Like other states, New York has its own laws regarding the adoption of children.

Same sex divorce may require more careful planning

When the United States Supreme Court ruled that gay marriage was entitled to the same considerations under the constitution as heterosexual marriage, that also included the rights of these couples to dissolve a relationship that is no longer viable. However, those considering the process of obtaining a same sex divorce may benefit from careful planning before starting the process. Every state has its own laws regulating divorce, and New York residents can seek more information regarding how this process will work for them.

Getting married? Same-sex couples need prenups, too

Since the U.S. Supreme Court opened up the possibility of marriage for same-sex couples, they have made their unions legal through marriage here in New York and elsewhere. As time passes, however, same-sex couples have begun to realize that they take the same risk as all married couples do -- the possibility of divorce.

Court in same-sex divorce recognizes woman as husband and father

In spite of the United States Supreme Court's ruling in 2015 that gay couples have the same rights as heterosexual couples, there are still states and lawmakers who are resistant to this idea. However, many judges, especially here in New York, are choosing to support the constitution when granting a same-sex divorce. One court took another step when it granted a woman the legal designation as husband and father.