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 Massachusetts. The court held that, in following Martinez v. County of Monroe and other cases dealing with recognition of same-sex marriage, it had subject matter 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.