Family & Marriage Overview

Policy Issues

Family & Marriage

Family & Marriage Overview

Family & Marriage on Long Island

New York State is surrounded by states like New Jersey and Massachusetts who have legalized gay marriage. In 2006 a decision by the Court of Appeals decided New York law does not permit same-sex marriage and that there is no constitutional right to same-sex marriage. Governor Eliot Spitzer in 2007 tried to have a bill passed which would have legalized gay marriage but the bill did not pass the state Senate. In February 2008, the Supreme Court, Appellate Division decided that New York State must recognize out-of-state same sex marriage. Then in May of 2008 Governor David Paterson directed all NYS agencies to begin to revise their policies and regulations to recognize same-sex marriages preformed in other jurisdictions.

New York State law does not permit for a no-fault divorce only fault divorces. It is the only state that does not have a no-fault divorce clause. A couple is not allowed to get divorce on the following grounds: irreconcilable difference, incompatibility, no-fault, mutual consent, no communication. They must have prove fault on the basis of cruel and inhuman treatment, abandonment for a continuous period of one year or more, imprisonment for more than three years, or adultery. However the State now does provide for conversion of a separation judgment, conversion of a written and acknowledged separation agreement after living separate and apart for more than one year. Many judges and attorneys are frustrated at the NYS Legislature for not implementing no-fault divorce.

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Family & Marriage News

SENATOR FLANAGAN AND REPUBLICAN SENATORS UNVEIL DOMESTIC VIOLENCE ACT OF2010 - March 4, 2010

Senator John Flanagan (2nd Senate District) today joined with other members of the New York State Senate Republican delegation to unveil the Domestic Violence Act of 2010, a comprehensive effort to strengthen the State’s porous and ineffective domestic violence laws.