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Same-Sex Couple Cannot Divorce

By Janice G. Inman
January 31, 2007

Justice Phyllis Gangel-Jacob, a Manhattan Supreme Court judge, issued a decision in late December, Gonzalez v. Green, '- N.Y.S.2d ”, 2006 WL 3849128 (N.Y.Sup.), (Sup. Ct., N.Y. Cty. 12/28/06) (Gangel-Jacob, J.), which held that divorce could not be granted to a same-sex couple married in Massachusetts. Despite this, the court found enforceable a separation agreement signed by both parties in anticipation of divorce. The court's reasoning can be taken as cautionary advice to same-sex partners and their attorneys ' particularly the monied partner and his or her legal representative.

The Parties

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