Navigating a New York LGBT divorce requires specialized legal expertise and understanding of the unique challenges same-sex couples face. Our experienced divorce attorneys provide comprehensive legal support for all aspects of same-sex divorce proceedings, ensuring your rights are protected throughout the process.
Since the Marriage Equality Act legalized same-sex marriages in New York, LGBT couples have gained the same legal rights and protections as traditional marriages. However, unique considerations often arise in LGBT divorce cases, particularly regarding property division, child custody arrangements, and spousal support determinations.
LGBT Divorce in New York
Same-sex divorce in New York follows the same legal framework as traditional divorce proceedings. The Supreme Court's landmark decision in Obergefell v. Hodges ensures that same-sex couples receive equal treatment under family law. However, several factors make LGBT divorce cases particularly complex.
LGBT Divorce Legal Services
Property Division
New York's equitable distribution laws apply to same-sex marriages. Our divorce lawyers help determine fair division of marital property, considering the unique circumstances of your relationship timeline and asset acquisition.
Child Custody & Support
Protecting parental rights is crucial in LGBT divorce cases. We address complex custody issues involving biological parents, adoptive parents, and situations where only one spouse has legal parental status.
Spousal Support
Determining appropriate spousal maintenance requires careful analysis of your relationship's full duration and financial circumstances. Our attorneys ensure fair spousal support arrangements.
Divorce Mediation
Many LGBT couples benefit from collaborative divorce approaches. We facilitate productive mediation sessions to reach mutually acceptable agreements outside of court.
Child Custody in Same-Sex Divorce
Child custody determinations in LGBT divorce cases can be particularly complex. Courts must consider several factors when determining the best interests of the child:
Biological vs. Non-Biological Parents
When only one spouse is the biological parent, the non-biological parent may face challenges securing custody or visitation rights. However, if the non-biological parent has legally adopted the child, they possess equal parental rights. Our family law attorneys help establish and protect these crucial parental relationships.
Second-Parent Adoption
Second-parent adoption provides legal security for non-biological parents in same-sex relationships. This legal process ensures that both parents maintain rights and responsibilities regarding their children, even in divorce proceedings.
Property Division in LGBT Divorce
Property division in same-sex divorce often involves unique considerations due to the relatively recent legalization of same-sex marriage. Many couples accumulated significant assets during their relationship prior to their legal marriage, complicating the determination of separate versus marital property.
Our divorce attorneys carefully analyze your financial situation, considering both the legal marriage period and the pre-marriage cohabitation period when advocating for fair property division under New York's equitable distribution laws.
Spousal Support Considerations
Spousal support calculations in LGBT divorce cases require careful consideration of the relationship's entire duration, not just the legal marriage period. Factors affecting spousal support include:
- Income disparity between spouses
- Standard of living during the relationship
- Length of the marriage and pre-marriage cohabitation
- Each spouse's earning capacity and financial needs
- Contributions to the other spouse's career or education