Same-Sex Divorce in the Bronx: Legal Rights and Key Considerations

Marriage Equality Act and Same-Sex Divorce Rights in New York

In 2011, New York State began recognizing same-sex marriages, thanks to the passing of the Marriage Equality Act. While this law granted same-sex couples many of the same rights given to heterosexual couples, the reality is that when it comes to same-sex couples divorcing, there are still many differences that can have a major impact on divorce proceedings. The Marriage Equality Act was signed into law by Governor Cuomo on June 24, 2011, allowing same-sex couples to marry legally in New York for the first time. The Act took effect on July 24, 2011.

Common Issues in Same-Sex Divorce Proceedings

While same-sex couples will still grapple with many traditional divorce issues such as Division of Property, Child Custody, and Spousal Support, there are many subtle differences in a number of these situations. Because of this, it's very important for same-sex spouses who are divorcing to hire the services of Bronx lawyers who are experienced in handling same-sex divorce cases.

Child Custody in Same-Sex Marriages

According to statistics related to same-sex marriages, 25 percent of same-sex couples have children in their household. In these situations, Child Custody is handled much the same way as in traditional marriages. If the child was adopted by the couple or was conceived through in-vitro fertilization, courts will recognize both spouses as legal parents of the child. However, if a spouse brings a child from a previous relationship into their same-sex union, the issue of Child Custody can become quite complicated. For example, if the same-sex couple decides to divorce, it's possible the parent from the past relationship may attempt to seek custody, which can lead to numerous complications. Due to this possibility, it's best to work with Bronx same-sex divorce lawyers who have handled cases like this in the past. More details about this aspect of Child Custody in same-sex divorces can be found at www.divorcelawfirmnewyork.com/Divorce/Same-Sex-Divorce.aspx.

Child Support Considerations for Same-Sex Couples

When a couple divorces and children are involved, the issue of Child Support is always one that is difficult to negotiate. In most situations, the court will examine the standard of living the couple and the child had prior to the divorce, and attempt to arrive at an amount that will allow the child to maintain a similar standard of living they had before. In most cases, the court will look at the needs of the child to help determine how much Child Support should be paid by the non-custodial parent. Factors that come into play here include:

• any medical issues the child has that require treatment
• educational expenses
• clothing and food
• child care costs
• extracurricular activities such as music lessons or other endeavors

However, it's important to note that even when an amount of Child Support is set, it can be modified by the court if either parent requests a hearing to do so. Factors that can trigger this include one parent getting a new job or losing a job, having a significant increase or decrease in income, or other related factors. For more information on this, visit www.sharovalaw.com/blog/miscellaneous/388-same-sex-divorce-in-new-york-state.

Key Differences in Same-Sex Divorce Financial Matters

Financial Aspect	Same-Sex Couples	Heterosexual Couples
Retirement Account Division	When dividing retirement accounts or pensions, heterosexual couples can do so without incurring taxes or early withdrawal fees, but same-sex couples cannot.	Can divide without taxes or early withdrawal fees
Property Exchange	When property is exchanged, heterosexual couples do not incur capital gains taxes, while same-sex couples do.	No capital gains taxes on property exchange
Alimony Tax Deductibility	Federal law dictates that alimony is not tax deductible	May have different tax treatment options

Division of Property

Since both spouses will want to ensure a fair and equitable Division of Property takes place during the divorce, it's crucial to work with an attorney who has experience and knowledge of these matters. This is important because while New York laws do govern same-sex marriages and divorces, there are key differences in certain aspects of property division among same-sex couples and heterosexual couples. For example, when dividing retirement accounts or pensions, heterosexual couples can do so without incurring taxes or early withdrawal fees, but same-sex couples cannot. Along with this, when property is exchanged, heterosexual couples do not incur capital gains taxes, while same-sex couples do. Therefore, working with an experienced same-sex divorce lawyer who understands the financial differences in these situations can often make all the difference in getting a fair settlement when it comes to property.

Spousal Support

Along with Child Support, same-sex couples also receive Spousal Support when they divorce. But like other financial aspects, problems can ensue. For example, federal law dictates that alimony is not tax deductible, and thus can become a major financial hardship for the spouse who is ordered to make monthly payments. Because of this, working with an attorney who has experience negotiating Spousal Support agreements will be important to your divorce proceedings, since it could mean the difference between continued financial prosperity or financial hardship.

Legal Process and Considerations

Same Sex Divorce in the Bronx and New York City in General

The Bronx and the entire state of New York started recognizing same sex marriage in 2011, after the Marriage Equality Act was passed. Generally speaking, the process of a divorce between a same sex couple is essentially the same as for a straight married couple. However, there are a few additional factors that are special within the process that require legal expertise from the lawyer. It is also important for anyone going through a same sex divorce to remain composed, be prepared and proactive.

Issues Relating to Same Sex Divorces

Just as with straight married couples, when a same sex couple is getting a divorce, there are certain matters at the forefront of the proceeding. Those issues include the following:

• Division of property: This is a matter that involves the fair and equitable division of all property during the divorce proceedings. Because division of property can be complex, it's important for each party to retain an experienced same sex divorce attorney. While New York law recognizes same sex marriages and divorces, there are some small, subtle differences with respect to the division of property for same sex couples. A lawyer can be integral in ensuring that all property to be divided is done so equally and in a way that is fair to both parties.
• Spousal support: Same sex couples are entitled to spousal support when they get divorced, just as opposite sex married couples do. However, issues can arise, such as alimony not being tax deductible. As a result, this can create a financial hardship for the spouse who is ordered to pay spousal support. A Bronx same sex divorce attorney can help to ensure that a fair agreement is reached when it pertains to paying alimony to the other party.
• Child custody: Around 25 percent of same sex marriages result in children. As a result, there is a matter of child custody when a same sex couple chooses to go through a divorce. Overall, child custody is handled generally in the same manner in a same sex divorce as in a divorce between a straight married couple. Whether the child was conceived via in-vitro fertilization or was adopted by the couple, the court will recognize that both people are the legal parents of that child. On the other hand, if one party brought a child they had from a prior relationship into the household, child custody can become a complex matter that results in the biological parent having custody while the other is left out. However, the other party can try to seek custody. A skilled attorney can help in this area.
• Child support: Child support is another common issue in a same sex divorce that essentially coincides with a divorce between an opposite sex couple. It is also the most difficult issue in this type of divorce. In most cases, the court will take into consideration the standard of living that the couple and child experienced before the divorce. From there, it will devise a financial amount that will let the child live as similar a lifestyle as prior to the end of the marriage. Usually, the court examines all of the child's needs to determine how much child support the custodial parent should receive from the other parent. Certain factors may play a part into how much money the support ends up being, such as any medical issues that may require ongoing treatment, clothing, food, educational expenses, general child care costs and extracurricular activities of the child. Just like with child support within an opposite sex divorce, same sex child support orders can be modified by the court if one party asks to have a hearing to change the amount of financial support. Things that can bring about a hearing include one party losing or getting a new job, having a remarkable change in their income and other issues.

How Does a Same Sex Divorce Proceed?

In actuality, a same sex divorce in the state of New York will proceed the way that any other divorce traditionally does. One or both parties will initiate the action to end the divorce. This will result in both spouses needed to acknowledging the proposed terms fo the divorce by a certain date. If the happens, the divorce can be finalized rather quickly, everything divided as per the terms, and both parties are free to move on with their lives. Not every same sex divorce proceeds so smoothly as what was just described. While some differences can be resolved with a court appointed mediator, many will require a complex legal proceeding to ensue. At this point, a lawyer will prove invaluable to you. It is important to note that same sex couples have issues that need to be resolved just like any other married couple. There could be child custody decisions to make, property to be divided, and financial assets to consider. All of this might take time to resolve, and that is why you will want a lawyer right there beside you working to ensure that you get what you are legally entitled to.

What Are the Legal Implications of a Same Sex Divorce in the Bronx?

There are quite a few things to consider when going through any divorce. Not only does this signal the end of what you at one time hoped would be a life long union, it also means that you must salvage what you can. It can be difficult to go through a bitter divorce proceeding. You might even be tempted to give your soon to be ex spouse what has been requested just so you can end the fighting. It is at these times that you need to remember that a divorce is not about getting even. It is about you getting on with your life. In order to do that, you will want to make sure that you have what you need to make a new beginning. Once a divorce if settled, the terms can become finalized. This is a legal implication that should encourage you to retain a Bronx same sex divorce lawyer.

How Can Bronx Same Sex Divorce Lawyers Help You?

Bronx same sex divorce lawyers are on your side. That alone is an important distinction to consider. You need to know that the advice you are receiving is sound and in your best interest. This is how you will get what you are legally entitled, and you will end up ending the divorce on terms that you can live with.

Understanding Marriage and Divorce Rights

Marriage is a wonderful union between two individuals who love one another. Thankfully, the law has evolved in New York to permit same sex couples to be afforded the same right to marriage as that which was traditionally reserved for only unions between a man and a woman. At the same time, even the most loving of couples may one day fall out of love and find themselves facing a divorce proceeding. In many of those cases, the breakup is mutual and the division of assets takes place without any adverse consequences being felt by either party. However, there are instances where one or both couples cannot agree on a settlement. It is in this situation that a divorce proceeding can get a bit messy from a legal perspective. You will need a Bronx same sex divorce lawyer protecting your rights in such a situation.

Consult an Attorney

Because there are so many variations among divorce proceedings between heterosexual couples and same-sex couples, hiring Bronx same-sex divorce lawyers who have years of experience handling these cases can help answer any questions you may have about finances, Child Custody, and other aspects of the divorce. By doing so, you'll position yourself to gain the best settlement for your situation. If you are going through a Bronx divorce and are in a same sex marriage, it's important to consult with an experienced same sex divorce attorney. In the past few years, the laws have changed to allow same sex couples to legally marry. However, just as couples in a straight marriage can come to the conclusion that they want to get a divorce, the same ending can happen with a same sex marriage. In the bronx and anywhere else in the New York City area, a person in a same sex marriage that is going to dissolve through a divorce needs the assistance of a skilled same sex divorce attorney.