X

State bar association offering legal guides for same-sex couples about to wed

Posted 7/21/11

The New York State Bar Association is offering legal guides for same-sex couples planning to marry now that New York has legalized the unions. How do same-sex couples get married in New York? Can a …

This item is available in full to subscribers.

Please log in to continue

Log in

State bar association offering legal guides for same-sex couples about to wed

Posted

The New York State Bar Association is offering legal guides for same-sex couples planning to marry now that New York has legalized the unions.

How do same-sex couples get married in New York? Can a couple get married if they previously entered into a civil union or domestic partnership in New York or in another state or country? Can same-sex spouses change their names if they marry in New York? Does the Federal Defense of Marriage Act give other states the right not to recognize a New York marriage? Is a spouse liable for the other spouse's debts? How are children affected by same-sex marriages?

The bar associations says that same-sex couples are asking questions like these with the approach of July 24, the first day they legally can wed in New York. As couples, attorneys and others navigate the new legal landscape, the New York State Bar Association is offering:

• A brochure of Frequently Asked Questions (FAQ) released today by the Bar Association and its Committee on LGBT People and the Law. This 8-page brochure can be downloaded at www.nysba.org/MarriageEqualityFAQ.

• A four-and-a-half-hour seminar, entitled "Same Sex Marriage in New York: What Every Practitioner Needs to Know". This Continuing Legal Education (CLE) course will be held live in New York City on Friday, September 9, 2011 and available via webcast statewide. For complete program information and to register online go to www.nysba.org/samesexmarriageinNY.

"The Marriage Equality Act provides same-sex couples in New York with important protections and legal rights," said Association President Vincent E. Doyle III of Buffalo (Connors & Vilardo LLP), noting that the Association has long supported the new law, which takes effect Sunday. "Significantly, many areas of the law are unclear. We hope our FAQ and CLE will help clarify the issues involved."

"The law granting same-sex couples the right to marry is a triumph for equality," said Michele Kahn, who chairs the Bar Association's Committee on LGBT People and the Law. "We want to provide same-sex couples and attorneys with information about the legal steps necessary to get married and an understanding of the legal rights and obligations arising from a marriage. We also want to make them aware that there are many open issues about how the law will be applied. Among them: how other states and countries will view New York marriages and how federal laws impose roadblocks to full recognition and equal treatment."

Frequently Asked Questions Brochure

The FAQ brochure, developed by a panel of legal experts, addresses a wide range of issues involving the Marriage Equality Act. They include: residency requirements; waiting periods; who is authorized to perform marriages; name changes; validity of New York same-sex marriages in other states; general rights and obligations that come with marriage; prenuptial agreements; and children, parental rights and non-biological adoptions.

The FAQ recommends that same-sex couples travel with copies of health care proxies, powers of attorney and hospital visitation authorization forms for use in the event of an emergency. It also warns that even these documents may not protect same-sex couples if the laws of a particular jurisdiction do not recognize their validity. (Link: www.nysba.org/MarriageEqualityFAQ.)

The State Bar is urging any couple considering marriage to consult with a lawyer and a tax expert.

For complete program information and to register online, please go to www.nysba.org/samesexmarriageinNY.