Yesterday, the Court of Appeals, New York’s highest court took on the issue of gay marriage. One of the issues to be decided was whether to continue to recognize same sex marriages legally performed in other jurisdictions.
As previously discussed, New York presently recognizes, as valid, marriages performed in Canada, Massachusetts, Vermont and the other jurisdictions that permit gay marriage.
The Court could decline to recognize foreign marriages and await legislative action on the issue. If New York does not recognize the marriage as valid, a New York same sex divorce may no longer be an option.
Given this you, any same sex couples who have valid foreign marriages and are considering divorce should consider expediting the process and seek the divorce before the Court renders its decision.
See Nicholas Confesore’s article in the New York Times for coverage of yesterday’s proceedings.
