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Partner in same-sex marriage may sue for divorce, N.Y. court says.

Publication: Trial
Publication Date: 01-MAY-08 		Format: Online
Delivery: Immediate Online Access

Article Excerpt
A New York trial court has ruled that one of the partners of a same-sex couple who married in Canada may sue for divorce under New York law, even though New York does not allow same-sex marriages to be performed in the state. In refusing to dismiss the divorce action, the court found that the couple's Canadian marriage was properly recognized under New York law.

"Absent overriding legislation, recognition of out-of-state marriages is governed by common law doctrines and comity. New York courts have long held that out-of-state marriages, if valid where entered will be respected in New York even if under New York law the marriage would be void," New York County Supreme Court Justice Laura Drager wrote. (Beth...

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