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DIVORCE AND & FAMILY LAW ATTORNEYS

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Welcome to the Spodek Law Group - a premier, and top rated, divorce law firm.





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" Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them..."

David Bruce

" Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet."

Rowlin Garcia

" Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind."

Francis Anim
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As we know all too well, not everyone gets to experience their fairytale romance ending. Even though overall divorce rates in America are decreasing each year, “happily ever after” turns into shattered dreams for many couples, including same-sex married couples. In New York, the divorce between a same-sex couple is treated the same way as it is for an opposite-sex couple. Legal divorce documents must be filed through either contested, uncontested, or mediated methods. As with opposite-sex couples, only one spouse needs to file divorce papers, and at least one spouse needs to have lived in New York for a period of one year.

As some same-sex couples are finding out, divorce can be as difficult as marriage, if not more so. In fact, if you do an online search for “gay divorce lawyers”, you will simply find a lot of gay family lawyers. However, gay/LGBT family law lawyers are now becoming much better equipped to help with same-sex divorce procedures as divorce rates for same-sex couples are on the rise.

Issue That Same-sex Couples Must Settle On

As is the case with heterosexual married couples, same-sex couples who are filing for a divorce must settle on a handful of major issues. In order to legally separate, couples need to come to an agreement on the following issues:

  • Sharing of debt
  • Distribution of assets
  • Child support
  • Child custody
  • Visitation arrangements with children
  • Spousal support

Asset and debt distribution between a couple filing for divorce has to be resolved according to a state’s equitable distribution statutes. For example, in the state of New York, only marital property is subjected to division by the court. Personal property owned by the individual cannot be divided. Businesses and professional practices are subject to equitable distribution but are often much more difficult to divide in divorce cases, which is why it is important that you hire a family law attorney who has special knowledge of same-sex marriage and divorce issues.

Child custody can be difficult to arrange, and some laws will vary depending on the state you live in and your circumstances. If you and your partner are both considered to be your child’s legal parents, the courts will generally treat you the same way as they would opposite-sex couples. However, in many states throughout the U.S., second parents do not have legal rights to children and may not even be able to seek visitation.

Divorcing in Another State

In the recent past, same-sex couples ran into a lot of difficulties when trying to divorce in a different state than New York. This all changed with the Supreme Court’s decision in the 2015 Obergefell v. Hodges case, in which the court decided by a vote of 5-4 that the 14th Amendment’s Equal Protection Clause and the Due Process Clause guarantee same-sex couples the same right to marry as opposite-sex couples.

Prior to this decision, many same-sex couples had to travel to New York to get married, then returned home to other states. Of course, any state that did not legalize gay marriage also did not legalize gay divorce, thereby causing extra complications for same-sex married couples looking to separate. In the aftermath of the Supreme Court’s landmark decision in Obergefell v. Hodges, gay marriage and divorce are recognized in all states so long as couples meet their states’ residency regulations.

Same-sex Couple Statistics

There is a nationwide study by the U.S. Census Bureau called American Community Survey, or ACS for short. ACS contains details from surveys and the 2010 U.S. Census. It includes a brief on Same-sex Couple Households which is a great source of statistics on same-sex couples. These statistics are organized by state and same-sex couples with children. Here is some information from the report:

  • There are 594,000 same-sex couples in the U.S
  • There are 169,000 registered domestic partners
  • 152,000 (25.7 percent) spouses int he country reside in in same-sex households
  • 115,000 of these 594,000 same-sex couples have children in their household
  • Eighty-nine percent of the 115,000 are the biological children of either partner

Divorce and Child Custody for LGBT Couples

There is no unique or separate “equality” law when it comes to child custody decisions in a divorce matter involving same-sex spouses. As is customary, the “best interests of the child” benchmark is utilized in making custody decisions in all New York Divorce cases.

The best interests of the child standard requires the consideration of a number of factors in making child custody determinations. These include taking a look at which spouse was generally the primary caretaker of their children in the household, the residential situation of each spouse, and the overall physical, mental, and emotional wellbeing of the parties.

Adoptions for Same-sex Couples in New York

The State of New York permits LGBT individuals and couples to adopt children. Here are several of the LGBT persons that are legally allowed petition family court for adoption:

  • LGBT individuals
  • Same-sex couples
  • Someone wanting to adopt their same-sex partner’s children
  • Someone wanting to adopt children of the relationship

LGBT individuals and couples are encouraged to talk to their Manhattan gay LGBT family lawyers for advice about adopting. Their legal counsel will be familiar with the facts about family code legislation. They should be well equipped to answer any questions about adoptions. The attorneys will take care of all the documents and paperwork to help you succeed in a legal adoption.

What About Civil Unions and Domestic Partnerships?

Many states do not recognize civil unions and domestic partnerships in the same way that they do legalized marriage. In the state of New York, domestic partnerships can be terminated by either person as long as they file a termination statement or enter into marriage with either the same partner or someone else, as this automatically invalidates a domestic partnership.

Divorce is an incredibly painful and confusing life event to experience for any couple, same-sex or opposite-sex. Divorce has serious ramifications, including financial burdens or loss of finances, negative impacts on children, can cause significant emotional distress for separating couples, and, of course, can become a legal nightmare.

If you are considering filing for divorce or have had your spouse file for divorce already, having a family law lawyer with special knowledge of issues facing same-sex couples on your side can make the entire process a bit easier to go through. If you live in the Manhattan area, the attorneys at Spodek Law Group are ready to assist you with your divorce case.

Same-sex marriage is legal in New York, and it has been since 2011. However, with the changing marital laws comes necessary changes in divorce and other family law topics. The world is changing every day, but there are still family law practices involved the gay and LGBT community that require some amendments and changes. If you are a gay or LGBT family, you might not know your rights are not always protected or even specifically defined in New York. There are legal issues you might encounter, and a gay and LGBT family law attorney can help.

Adoption

Adoption is one of the biggest legal hurdles for gay and LGBT couples. The problem lies in many adoption agencies more so than New York laws. Adoption agencies are permitted to work within their own rights, their own beliefs, and even the laws in the state in which they are found. If you choose to adopt a child in New York, you might not find you have the same experience as you would using an adoption agency in a state in which the laws are different.

For example, some adoption agencies are faith or religion-based, and they might not work with a couple who is same-sex or even an individual who is gay. This causes problems in the adoption process, and you do have legal rights. An attorney can help walk you through your rights to find out what you can do to help adopt a child and begin a family of your own.

State Law

State laws are much more complicated when it comes to gay and LGBT couples. You might not have a traditional family, but the state in which you are working to move, to live, to obtain insurance, or even to adopt a child might not recognize your situation. Some states do, and other states have different laws. An attorney can help walk you through the process of navigating state laws whether they are New York state laws or laws in other states.

This is a problem for many couples in New York as many work in the city but reside outside the city. Many Manhattan workers live in surrounding states where the laws are different. This calls for an attorney to work with and for you to help you fight for your rights starting a family or even finding health insurance as a gay or LGBT person or family.

Marital and divorce Law

The good news for many gay and LGBT couples is the laws are very much on your side when it comes to marriage and divorce. Since same-sex marriages became legal in 2011, the laws have changed tremendously to help couples marry and divorce. While the ideal situation is your marriage will last a lifetime, it’s not always possible.

The biggest problem in any same-sex divorce case is typically the children. Unlike a traditional marriage when the child is both the husband and the wife’s biological child, this is not possible in a same-sex marriage. The child might be adopted by one partner and fully related to the other partner. One partner may have carried the baby but the baby is biologically related to the other partner. This can cause the divorce process to become more complicated if you are not going through an amicable divorce and you want to fight for your child.

Transgender Rights

Some LGBT couples want to go through gender reassignment surgery. The process is not always easy, it’s not always understandable, and you do have rights you should be aware of. These rights are designed to protect you and to protect your family as you go through this process. A gay and LGBT family law attorney works to help you understand your rights and what you can do to protect yourself during the transition. The process can be made more complicated by the legal issues many people don’t even realize exist, but an attorney can help you navigate these muddy waters.

You’re Not Alone

Oftentimes people in the gay and LGBT community feel alone and on their own when going through many of the issues involved in family law. You are not alone. There are attorneys who specialize specifically in the gay and LGBT community and your rights. Call an attorney to find out what we can help you with, how we can make the process easier, and what rights you are entitled to in and around New York. You have rights, and you have the right to fight for them and for your family.


Based on 362 reviews.
Charle Butler
Charle Butler
2021-03-12
Verified
I was hesitant to hire the Spodek Law Group. I read reviews and knew they have a great reputation. However, I thought I would spend money and not see or speak to my attorney. From the beginning to end of my case Todd and the entire staff were available and willing to help. We worked towards and end result that was way above my expectation and Todd delivered. I am forever grateful for patience and long days and night spent working on my case. Thanks Todd and the entire team!
Mesonista parsons
Mesonista parsons
2021-03-05
Verified
My attorney at Spodek was Abigail. She was very knowledgeable and helpful with all my questions and concerns, as well as responsive. Her fees are affordable and Abigail took the time to make sure I understood everything relating to my case. I highly recommend Abigail and will request her services in the future.
debabrata chakraborty
debabrata chakraborty
2021-03-03
Verified
Todd A Spodek is the experienced and best criminal lawyer at USA. He is very professional and always respond on time. Alex also very cooperative and always help me. They took care me and my problem like family member. I am 100% satisfied for their professional service. My result was unexpected and amazing. They dismissed my case. I am really grateful to them. I will recommend you to go there if you want to solve your problem. I wish all the best for them.
Asata Hendricks
Asata Hendricks
2021-03-02
Verified
Truly appreciate the work the guys did!. Exceptional team & I know they care about each and everyone of their clients. I am super thankful to be referred to Spodek Law Group and I am grateful Todd & Alex were able to work diligently to achieve an outcome I am pleased with. Despite COVID they stayed on top of things and kept me informed every step of the way. Very thankful.
Mike Moroff
Mike Moroff
2021-02-26
Verified
I'm very satisfied with the services rendered by Todd, Alex and Mary Lou. I whole heartedly recommend Spodek Law Group . I've worked with and have retained other attorneys in the past with Todd's firm being the cream of the crop for many reasons. A very serious legal matter was resolved after a year's hard work and effort. Todd expertly guided me through the process and was able to navigate and make the good journey bearable as well as successful. Mary Lou initially provided excellent assistance before referring my case to Todd. Alex's support was effective and timely. The customer portal (MyCase) is an invaluable communication tool that also kept track of my case. Various aspects of my case were explained and there were several options provided but I made the final decision of how the case would be handled. The legal fee was reasonable considering the effort and amount of work plus it was a flat fee regardless of the length of time required to conclude my case. Todd made himself available to me and we had many scheduled meetings to go over the progress and to discuss the next steps. I felt more confident after many discussions with him. You will not go wrong choosing Spodek Law Group for legal matters.
Josh Katz
Josh Katz
2021-02-24
Verified
Being that it was the first time that I was in need of an attorney, I was afraid and hesitant and knew I needed the absolute best. It is beyond understood why Spodek Law Group has a reputation of being the top, if not the best law firm in New York. Alex and Abigail were there every step of the way even at the most unconvenient hours. I could not have asked for more. They are extremely good at what they do and they delivered much much more than just winning my case. A big thank you to Alex and Abigail for all the guidance and counseling and their upmost loyal support that extended far more than just legally. If you need the absolute best than don't hesitate to hire Spodek Law Firm.
L.C.
L.C.
2021-02-24
Verified
I cannot tell you how thankful I am to Todd and Alex for their hard work and dedication to my case. I had never been in any trouble before but I had an unfortunate event occur and in the midst of COVID-19 at that therefore I knew I needed a team that was dedicated to my success. Today- my case has been finalized and I’m walking away with no record and can continue life as a mother and a Grad student worry free. I cannot express enough gratitude for their assistance.
AnnMarie Soliman
AnnMarie Soliman
2021-02-23
Verified
I received a summons and called Spodek law group for a free consultation. Alex took my call and was very quick and responsive. He was available anytime through multiple platforms and very reassuring when needed. They are extremely organized and thorough. They got my case dismissed! I’m very grateful. Thank you Alex and Todd!

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Testimonials

Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them enough.

~ David Bruce

Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet.

~ Rowlin Garcia

Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind.

~ Francis Anim

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