Same Sex / LGBTQ Divorce
New York has allowed same-sex marriage with the passing of the Marriage Equality Act in 2011, way before the United States Supreme Court ruled that same-sex marriage is legal across our great land in 2013.
LGBTQ couples face the same challenges in divorce as heterosexual couples, but the legalities surrounding certain issues when it comes to gay and lesbian couples can be more complicated. Child custody, spousal maintenance, property division, and other divorce-related problems may become very complex during the LGBTQ divorce process. Please click here to contact one of our attorneys to discuss your LGBTQ divorce for a free phone consultation.
Gay and Lesbian divorces although relatively “new” in the legal field, those cases deal with many of the same issues as traditional divorce cases:
Child Custody and Visitation - Same-sex/LGBTQ custody and visitation cases are governed by the same laws that govern traditional child custody. With the common methods of in-vitro fertilization and legal adoption, gender of the parents plays little to no role in determining physical and legal custody of children.
Equitable Distribution of Marital Property – Common issues of equitable distribution in divorce cases include: dividing pensions and retirement assets, dividing 401(k)s, and subsequent federal tax complications, appraisals of real estate, etc…
Spousal Support (Maintenance) – LGBTQ couples may establish spousal support payments when they commence an action to dissolve their marriage. Obtaining maintenance is not always an easy task and requires a skilled attorney to either negotiate an award as part of a settlement or through presenting proper proof to a court of law.