The New York State Bar Association released a brochure for same-sex couples that address an array of legal questions and issues in the new Marriage Equality Act. For same-sex couples that want to tie the knot in the state, the brochure offers a comprehensive guide and outlines residency requirements, waiting periods for marriage ceremonies, name changes and some of the general rights and obligations of being married.
A PDF of the brochure is available at www.nysba.org/MarriageEqualityFAQ.
Some quick marriage facts include:
Couples must wait 24-hours after a marriage license is issued to perform a marriage ceremony. However, a New York State Supreme Court justice or a county court judge can issue a waiver.
Once married, spouses have the right to inherit without a will and the right to sue for wrongful death.
If the couple divorces, a spouse may have to pay maintenance (formerly known as alimony) to the other spouse.
All property acquired during the marriage will be divided equitably by a court.
All debt accrued during the marriage will be equally allocated by the court.
The New York State law is unclear on whether a child born to one spouse during the marriage is the legal child of both spouses.
If a couple entered a union or partnership in another state, it is not clear if the law would authorize a marriage if the couple entered another type of relationship sanctioned by another state.
It is also unclear if New York would require the couple to follow the laws of that state for the aforementioned domestic partnerships.
