A New York judge has ruled recently in C.M. v. C.C. (Sup. Ct. New York Co. October 14, 2008), that the New York court had subject matter jurisdiction to grant a divorce to a same sex couple who were married in Massachussetts. The court held that in following Martinez v. County of Monroe and other cases dealing with recognition of the same sex marriage, it had the subject marriage jurisdiction and the divorce case between two women could continue. The couple can now obtain their divorce in New York, assuming that they have sufficient grounds to do so, and meet other jurisdictional requirements of New York’s Domestic Relations Law.
I have previously written about Martinez v. County of Monroe, so this decision is merely a logical extension of that decision.