NYC Same-Sex Divorce Lawyers

Posted By Adam Denton, On July 2, 2016

NYC Same-Sex Divorce Lawyers

The Marriage Equality Act of 2011 brought same-sex marriages into the mainstream for the state of NY. Since then, many same-sex couples have happily entered into the institution of marriage to begin their journey through life together. Although marriage equality is a good thing, newly married same sex couples are also subject to the negative aspects of marriage, such as separation and divorce. Same-sex couples also have special complications when moving out of state, or establishing rights to property outside of New York. Due to this, it is best to consult an experienced legal team, like Spodek Law Group, to ensure your marriage is initiated or resolved in the best possible manner.

Why You Should Seek Pre-Marital Advice

Same-sex and heterosexual couples alike are best served by seeking out legal advice prior to entering a marriage. Gay marriages, in particular, can benefit from a unique take on traditional legal rights to address particular needs which may arise. One of the most important issues to resolve prior to marriage is that of pre-marital agreements, or pre-nuptials.

There are particular difficulties in creating valid pre-marital agreements for same-sex couples. Since many states still refuse to honor gay marriages, or are unclear on their approach to same-sex marriages, problems can easily arise when a couple or spouse move out of state. Couples in this situation, who do not have a valid pre-marital agreement will be forced to rely on another state’s law to resolve the property distribution at divorce. Allowing this to happen creates a quagmire of problems, and will often result in a property distribution that the couple never intended. Creating a legal New York pre-marital agreement at the very start will avoid an onerous divorce process.

Pre-marital agreements aren’t just important to safeguard property in the unfortunate event of divorce. They are also important to cover the distribution of property in the event one party pre-deceases the other. A prenuptial can make certain arrangements for property and debts to ensure that the surviving spouse remains financially sound.

As alluded to above, many U.S. jurisdictions are in a state of uncertainty when it comes to same-sex marriage. Due to this, it is a good idea for gay or lesbian couples to receive legal counsel prior to marriage to fully understand the legal landscape regarding gay marriage in the U.S. Doing so will allow you to make an informed decision regarding what is perhaps the most important event of your life.

Same-sex Divorce in NY

Although NY state marital dissolution are subject to the same laws as that applicable for heterosexual couples, they often require a specialized approach. As far as the basic divorce process goes, you can qualify for a divorce proceeding in NY regardless if you were married here or in another state. The first step to beginning a divorce is to prove that you have resided in the state of NY for a minimum of one year. As long as you meet this qualification, you and your partner will be able to proceed with a same-sex divorce in New York.

Another consideration in same-sex divorces is that any previous legal relationships must also be terminated at the same time. Many gay couples have previously entered into civil unions or domestic partnerships in states which allow such legal unions. If such a couple is later married, they will essentially have two legal unions in effect. Thus, at divorce it is necessary to dissolve both unions to effectuate a true divorce. Spodek Law Group, is a NYC same-sex divorce law firm, and is competent to handle same-sex divorces in a thorough, yet compassionate manner.

If one or both spouses in a same-sex relationship have children, there are also many considerations in relation to child custody. A spouse in a same-sex marriage will need legal help to obtain sole or joint custody of a child, or establish visitation rights. Reliable legal help is also needed to set up child and spousal support and other related issues.

Perhaps the main need for an attorney in a same-sex divorce is to assist with the equitable distribution of marital property. This process can be rather complicated since many same-sex couples have lived together for years before having the ability to become legally married. Thus, many couples have co-mingled property for many years prior to the marriage, and a divorce requires much sorting out. This type of complex process is best handled by a competent legal team.

Again, if one or both parties have property in other states, specialized legal advice will be required to ensure a fair distribution occurs. The attorneys at Spodek Law Group provide an invaluable service for people going through this difficult process.

The Benefits Of Hiring An NYC Same-Sex Divorce Lawyer

Same-sex divorces are relatively new, and require a keen sense of the legal considerations and possible repercussions. Spodek Law Group can handle even the most complicated same-sex issues to make sure that the divorce is settled as the parties desire. The emotional and psychological toll of divorce is hard enough; leave the legal problems to a law firm that is adept at handling them.