NEW YORK STATE JUDGE GRANTS SAME SEX DIVORCE FOR FIRST TIME

NEW YORK STATE JUDGE GRANTS SAME SEX DIVORCE FOR FIRST TIME

n an historic decision, a New York State Supreme Court Justice in Broome County has granted a lesbian couple a divorce. In her decision, Justice Molly Fitzgerald granted the request of Lauren Wells-Weiss to divorce her partner, Shari Weiss. The women were married in Canada in 2004. Shari Weiss was represented by Joseph Meagher. Lauren Wills-Weiss was represented by Judith Osburn.

This decision appears to be the first time a trial judge in New York has approved a same sex divorce.

I spoke with Judith Osburn today, and according to her here is what happened in the case:  Shari Weiss filed a partition action against Lauren Wells-Weiss regarding a home they shared together but which Shari bought about 3 months before the marriage.  Lauren counter-claimed for divorce.  The Court eventually determined that it would try the partition action before the divorce case and would not allow Lauren to make equitable distribution claims concerning the home.  That decision paved the way for a settlement of the divorce action.

The stipulation in the case was placed on the record orally on March 12 or 13.  The Court accepted the stipulation, and the parties are now submitting the final judgment of divorce to the Court.

I wonder what effect this decision will have on the pending actions for divorce among same sex couples, including one case I am now handling in Suffolk County. Perhaps it will be the end of the debate on the question of whether same sex divorce in New York is permissible. Or, it might be the beginning of a process which will ultimately be settled by the Court of Appeals.

I also know that there are many other attorneys working on similar cases throughout the state.

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