New York To Allow Same-Sex Couple to Divorce

By Ashley Van Leuven

Published on February 27, 2008

In the lawsuit, a woman, identified only as Beth R., is seeking divorce from her former partner, Donna M. The couple were married in Toronto in 2004 and have two daughters together.

Beth R., a resident of Manhattan, is seeking custody of the couple's two children. Donna M. is the biological mother of both children, having given birth to one in 2003 and to the other in 2006.

Donna M. argued that her marriage, as well as her pending divorce proceedings, should be invalid in New York because the state does not allow same-sex marriages.

However, Supreme Court Justice Laura Drager ruled on Monday that out-of-state marriages, including same-sex unions, can still be recognized by New York state law.

No further court dates have been set at this time.

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Keyword Tags: family law, child custody, divorce

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