New York State became the sixth state in the United States to legalize same-sex marriage in 2011. Since the legalization, many same-sex couples have been able to legally marry and enjoy the same legal rights and protections as opposite-sex couples. It is no surprise that just like opposite-sex marriages, same-sex marriages can also end in divorce.
Same-sex couples who were legally married in New York State are entitled to the same divorce rights and procedures as opposite-sex couples. This means that same-sex couples who want to divorce must meet the same legal requirements, such as residency requirements, as opposite-sex couples.
One of the main challenges of same-sex divorce is the issue of property division. In New York State, property acquired during the marriage is generally considered marital property and is subject to equitable distribution in the event of a divorce. However, determining what constitutes marital property can be more complicated in same-sex marriages.
Child custody and support can also be complex issues in same-sex divorce cases. Same-sex couples may have used various means to become parents, such as surrogacy, adoption, or artificial insemination. This can lead to legal challenges when determining custody and support arrangements, especially if only one partner is the legal parent of the child.
Another potential challenge in same-sex divorce cases is discrimination. Unfortunately, some judges and court officials may still hold biases against same-sex couples, which can impact the outcome of the case. It's important for same-sex couples to work with an experienced family law attorney from Law Offices of Mindin & Mindin, P.C., who is knowledgeable about the legal rights and protections of same-sex couples and can advocate for their interests.
Same-sex divorce in New York State can present unique legal considerations and challenges. It is important for same-sex couples who are considering divorce to work with a knowledgeable and experienced family law attorney who can guide them through the process and protect their legal rights and interests. By working with a skilled attorney, same-sex couples can ensure that their divorce is fair, equitable, and respectful of their rights and dignity. Call us today at 888-501-3292 for a free consultation.