Divorce marks a life-altering transition. Besides the grief and confusion, financial and practical logistics may be painful to sort out. The Spodek Law Group proudly assists Brooklyn LGBT couples throughout the divorce process, including property divisions and custody rights.
Brooklyn Gay LGBT Family Law
Brooklyn joins Manhattan and other boroughs as home to one of the largest visible LGBT communities in the world. In 2011, New York became the largest state to approve equal marriage rights to spouses in same sex unions. You may read the full Marriage Equality Bill here. We find it imperative to provide knowledgeable legal guidance to not only gay and LGBT unions, but dissolutions as well.
Competent, experienced Brooklyn family law lawyers can help untangle complicated dilemmas with minimal heartbreak. Necessary areas to address may include child visitation and child support, asset and income divisions, property distribution and alimony payments.
Many people do not realize out-of-state moves may compromise such spousal rights as property division and child custody. Some states have not firmed up their stances on all facets of LGBT marriage equality, or they limit rights states like New York guarantee. Some couples may have a marriage license from another state before a move to New York, and wonder which state’s laws apply to their divorce. Even if Brooklyn LGBT couples relocate to another state, they may pursue a New York state divorce should the need arise.
Hopefully, all same-sex couples have a legally sound prenuptial agreement. LGBT partners in New York should take advantage of the enormous legislative rights granted to them, and pursue a marriage license in the state even if they marry out of town. In the event of a decision to part, our attorneys will honor couples’ prenuptial agreements along with divorce laws of the state of New York.
Since New York’s unprecedented Marriage Equality Bill went into effect in 2011, Brooklyn has surpassed Manhattan in real estate demand and property appreciation. The stakes may be quite high for Brooklyn LGBT couples who co-habitated for many years or amassed property together prior to the marriage bill taking effect, and even for newer couples who bought in Brooklyn more recently. If couples share rental income properties in Brooklyn, where tenant profitability has skyrocketed in the last decade, they may have to consider selling property or dividing future rental income.
The Spodek Law Group includes many attorneys who specialize in this intricate, and often most contentious, area of divorce. We can help LGBT couples choose between property sales, rental income division and property redistribution based on their unique partnership characteristics, and in both long-term and newer situations.
Child Custody and Visitation
Up until recent movements for official recognition of rights to LGBT marriages and families, societal norms took for granted that women and mothers would dominate child custody in divorce situations. This is not the case in LGBT family law. As same-sex couples may adopt a partner’s existing children from prior relationships or new children together, more intricate consideration is required on the topic of child custody.
Brooklyn LGBT family law dictates individual spouse’s incomes, residence stability and parental fitness as the ultimate determinants of child custody and visitation rights. If a same-sex partner adopted their spouse’s existing child or children, and created an intimate bond he or she wishes to secure, legal intervention can help this family relationship continue and stay intact despite divorce.
Assets, Income and Alimony
As gay marriage and same-sex unions are relatively new to legal rights, Brooklyn LGBT families must seek wise family law counsel on asset, income and alimony matters after divorce. New York requires married couples to prove one-year residency in the state for its divorce laws to be applicable in all facets of divorce, including financial. Therefore couples may receive the maximum New York divorce benefits so long as they always lived in New York, relocated from New York after one year of a marriage in the state or relocated to New York for at least one year of marriage prior to divorce.
Again, a prenuptial agreement should include asset divisions and alimony standards to refer to should divorce arise. If no agreement is available, Brooklyn LGBT couples benefit from the laws of one of the most comprehensive legislative territories in the world for same-sex marriages. The Spodek Law Group will apply keen expertise to create an outcome where both partners remain financially stable and compensated for their value to the partnership.
Although New York became one of the first jurisdictions to sanction rights for gay marriages, this area of the law is still relatively young and rife with considerations requiring specialized knowledge. From spouses’ initial agreement to divorce to the final settlement, the Spodek Law Group provides sharp and sensitive attorneys to guide Brooklyn LGBT couples through what may be the hardest decision of their lives.