At least one gay couple who flocked to Massachusetts to get “married” on Valentines Day in 2005 has learned that you can’t divorce in a state where the marriage isn’t recognized.
According to the New York Times, the pair, Steven Green, 41, a real estate developer and Daniel Gonzalez, 29, a law student shared Green’s house in Westchester County and another property in Central Park South since 2001 and that Green gave Gonzalez a ski house and two cars during their relationship among other gifts.
Not long after they got “married” the relationship ended and Mr. Green’s attorney drafted a separation agreement which both parties signed in September 2005. As part of the agreement Mr. Gonzalez agreed to transfer the title of the ski house back to Mr. Green and in turn Mr. Green would pay Mr. Gonzalez $780,000.
Then in January 2006 Mr. Gonzalez filed for divorce in Manhattan and Mr. Green then countersued for the return of the $780,000 claiming that the marriage was never valid.
The judge in the case, Phyllis Gangel-Jacob noting that New York law didn’t permit gay marriage dismissed Mr. Gonzalez’ claim, but upheld the separation agreement citing that it was a valid contract between the parties.
Both sides claimed victory since they each won separate arguments, but I find it interesting that Mr. Green who went to the trouble of going to Massachusetts to get hitched, suddenly claims that it wasn’t legal when the “marriage” went south.
Hypocrisy? You be the judge.