SAME SEX COUPLES CAN DIVORCE IN NY


While NY does not allow same sex couples to wed within the state NY does recognize marriages that are performed out of state as long as there is no NY law prohibiting the marriage and it is not against public policy. Since New York Courts recognize out of stae same sex marriages the courts will grant divorces to those couples residing in New York. The courts have determined that they have subject matter jurisdiction to grant divorces where parties were married in a state that permitted same sex marriag and the parties meet the New York residency requirements. Only in February 2008 was this first handed down in Beth R. vs. Donna M. In this case the defendant argued that the divorce action should be dismissed because New York did not recognize gay marriages and therefore could not grant a divorce. The court denied the motion to dismiss on grounds that New York recognizes marriages that are legal where contracted unless the marriage is "prohibited by a positive law of this state" or is against public policy, which has been narrowly construed as polygamy or incest. The court further decided visitation and custody issues ruling that even though one spouse was not a biological parent to the children, it was in the children's best interest that custody visitation and support be considered for both of the parties.

SAME SEX COUPLES CAN DIVORCE IN NY


While NY does not allow same sex couples to wed within the state NY does recognize marriages that are performed out of state as long as there is no NY law prohibiting the marriage and it is not against public policy. Since New York Courts recognize out of stae same sex marriages the courts will grant divorces to those couples residing in New York. The courts have determined that they have subject matter jurisdiction to grant divorces where parties were married in a state that permitted same sex marriag and the parties meet the New York residency requirements. Only in February 2008 was this first handed down in Beth R. vs. Donna M. In this case the defendant argued that the divorce action should be dismissed because New York did not recognize gay marriages and therefore could not grant a divorce. The court denied the motion to dismiss on grounds that New York recognizes marriages that are legal where contracted unless the marriage is "prohibited by a positive law of this state" or is against public policy, which has been narrowly construed as polygamy or incest. The court further decided visitation and custody issues ruling that even though one spouse was not a biological parent to the children, it was in the children's best interest that custody visitation and support be considered for both of the parties.

KICKING THE BALLS INTO TOUCH

I hear Awkward, Vicious and C.U. Incourt, solicitors, are to run a new advertising campaign:-

“Ladies does the time your husband devotes to the hallowed game of football give you cause for consternation and despair? Fear not; inspired by events at national level, there is a route for revenge: Allege adultery; get him demoted!”

MISTAKEN ATTRACTION

On Sunday, Outdoor Man and I went walking on the North Yorkshire Moors. All week I had watched the hills glistening under a cover of snow and the trip followed an idealised notion on my part that I fancied walking on it. How ridiculous; after all it is only 2 weeks since that blanket that had lain for a full 5 weeks right on my doorstep finally melted. However, clearly a fortnight is all it takes to make me forget the bitter cold, the slipping as I trod gingerly across thick ice, the wet gloves (from the snowballs) and the tingling to my nose and cheeks as they peeped out from between layers of wool and Gore-Tex. Oh it certainly looked pretty but we didn’t get far before I felt I had earned a right to complain and moan about my stupidity.

Why is it that so many people are condemned to a romantic notion of attraction, never learning from previous experiences but instead repeating them?

Divorce when one spouse is not in this Country
Jurisdiction for divorce cases rests with each party therefore either party can bring a divorce action in the jurisdiction in which they reside. That means that if one party resides in another state or even another country that the law in every state will recognize a divorce granted by that jurisdiction.

The only requirement being that the party not in residence be served personally.  If personal service is not acheived then the court must fashion a remedy such a proper publication in order to try get notice to the party and some proof of a "due diligence" effort to locate the other spouse. This can be acheived by contacting a private investigator and getting him to run a full array of searches.

Division of property and custody and visitation issues may in fact be a little trickier if one party contests the divorce.  Most times if a spouse has established a residence along with the children for at least a six month period that spouse may ask that their home state be considered the jurisdictional venue for all matters involving custody and visitation.  It is then a battle of the states do decide which venue is proper for a decision in that regard.

All states however, will recognize a foreign divorce decree whether it was obtained outside the United States or within a different state.

Divorce when one spouse is not in this Country
Jurisdiction for divorce cases rests with each party therefore either party can bring a divorce action in the jurisdiction in which they reside. That means that if one party resides in another state or even another country that the law in every state will recognize a divorce granted by that jurisdiction.

The only requirement being that the party not in residence be served personally.  If personal service is not acheived then the court must fashion a remedy such a proper publication in order to try get notice to the party and some proof of a "due diligence" effort to locate the other spouse. This can be acheived by contacting a private investigator and getting him to run a full array of searches.

Division of property and custody and visitation issues may in fact be a little trickier if one party contests the divorce.  Most times if a spouse has established a residence along with the children for at least a six month period that spouse may ask that their home state be considered the jurisdictional venue for all matters involving custody and visitation.  It is then a battle of the states do decide which venue is proper for a decision in that regard.

All states however, will recognize a foreign divorce decree whether it was obtained outside the United States or within a different state.

THE LONG ROAD TO RECOVERY

When undergoing the trauma of marriage or relationship breakdown counselling is often a sensible option to help cope with the trauma and its effect on one’s emotional well-being. Lack of confidence and poor self esteem are not uncommon, especially after an abusive relationship. When a marital bond disintegrates, identity and self worth stemming from it disintegrate too and depression can set in. Some hardy souls pick up the pieces and get on with things. For many the transition back to a feeling of normality can take much longer and support is needed.

For those who decide that counselling is the proper option for them the problem can be finding the right counsellor. There are apparently no laws in the UK that govern counselling, and whilst there are qualifications and professional bodies, these can often be confusing and overwhelming. Counselling can take many different approaches, from person-based to psychoanalytic, and it’s important to choose a counsellor with an approach you will be comfortable with and respond to well. So how on earth do you find a counsellor to fit your situation?

I have recently been referred to Counselling Directory and it appears to be a simpleway of connecting people that need help with the people that provide it. A comprehensive search tool allows postcode, town and country searches, and produces a list of counsellors registered in this area. Each counsellor has a profile about themselves and the site shows which counsellors are registered/accredited with a professional body. Importantly I understand that full profiles are only displayed after insurance and qualification documents are checked or membership with a professional body has been verified.

There are also articles on the site written by the counsellors, as well as comprehensive information on all kinds of distress: from depression to eating disorders, to help people identify their problems and become informed, not scared.