Child Custody and Same Sex Divorce
Oftentimes, one of the most complicated, and emotionally challenging, aspects of a same sex divorce is addressing issues surrounding child custody. As is the fact with all other aspects of a same sex divorce, the same laws apply to child custody issues as do in marriage dissolution proceedings involving opposite sex spouses.
With that said, when it comes to same sex couples, there can be added complications. For example, the manner in which children became a part of a divorcing couple’s family can impact issues surrounding child custody in a divorce case. Therefore, it is important that a Long Island same sex divorce attorney have an understanding of the unique issues that can, at times, be associated with child custody issues.
Alimony and Same Sex Divorce
Alimony can be awarded in a same sex divorce case. With that said, alimony simply is not awarded with the same level of frequency that existed decades ago. New York law has narrowed the parameters in which alimony may be awarded in divorce.
Both temporary and post-divorce alimony potentially can be awarded in a same sex divorce. The law is more specific when it comes to when and how temporary alimony will be awarded while divorce proceedings are pending.
Same Sex Divorce Settlement Agreement
Family Courts prefer that parties in all types of divorce cases work to settle their differences and develop a settlement agreement. When at all possible, parties to a divorce case are encouraged to keep open lines of communication, through attorneys as the situation may require. This includes settlement negotiations.
Settling a case allows a couple the ability to save time and money in divorce proceedings. If you and your spouse are able to reach a settlement, you agreement will then be presented to the court. The judge will review the agreement to make sure that it meets legal muster. Assuming the settlement agreement is legally acceptable, and fair and just, the court approves it. Ultimately, the settlement agreement will become part of the final divorce decree issues in your marriage dissolution case.
Retain Long Island Same Sex Divorce Lawyers
There are attorneys in Long Island that have experience in working with people in same sex divorces. Although the same laws apply in any divorce cases in the state, there remain judges, attorneys, and others who have yet to encounter a same sex divorce.
The first step in retaining the professional assistance of Long Island same sex divorce lawyers is to arrange an initial consultation. During an initial consult, legal counsel will explain to you how the divorce process works. You will obtain an evaluation of your case. An attorney will discuss with you how different matters at issue in your case potentially can be handled. You will be able to raise any questions you have about your case. As a matter of practice in New York, divorce lawyers typically charge no fee for an initial consultation.
