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While New York is considered a gay-friendly state, same-sex couples can face unique challenges when going through a divorce. Whether you anticipate disputes over parental rights or fear that the courts will treat your case with bias, same-sex divorce lawyers in New York can help you understand your rights and your options. Having a skilled litigator in your corner can ensure that you are treated fairly throughout the process and that your interests are protected.
Not all law firms understand the unique challenges same-sex couples face in a divorce. If you are preparing to dissolve your marriage, it is crucial that you have representation from a law firm that understands your unique needs. Since 2005, The Levoritz Law Firm has provided unwavering legal support to spouses of same-sex couples. We have earned a strong reputation for focusing on the priorities of our clients and filing first when it is called for.
When you work with our family law firm, you gain the support of advocates who take a hands-on approach to managing complex divorces. Our clients are connected directly to our lead attorneys, who maintain close communication with the people we represent throughout the case. Every client deserves dignity and fair treatment. Our award-winning law firm is committed to providing inclusive representation tailored to each family’s circumstances.
Divorces in New York are heard by the Supreme Court, with locations at 100 Supreme Court Drive in Mineola, Suffolk County Supreme Court at 400 Carleton Avenue in Central Islip, and 60 Centre Street in New York City. Before a case can be finalized, the judge overseeing the divorce requires spouses to agree on the terms of property division, child custody, and other important domestic matters.
Marital property is divided based on the state’s equitable division rules. The goal of property division is to divide the estate fairly, not necessarily 50/50. Child custody determinations are based on the best interests of the child. Factors like each parent’s past child-rearing duties and their ability to provide a stable home environment may be considered by a judge when establishing physical and legal custody.
About 8.2 % of New York adults identify as LGBTQ+, and the divorce rate for all residents across the state is 2.4 per 1,000. One common challenge that spouses from same-sex marriages face is child custody. Issues can arise when only one spouse is biologically related to a child, especially if there was never a formal adoption by the other parent. The non-biological parent may have the difficult task of establishing parental rights in court.
The division of assets can also pose challenges. Some same-sex couples lived together before their marriage was legally recognized. Any assets acquired before the law recognized the union may be excluded from division during a divorce. Out-of-state marriages can also lead to complications when the union is dissolved in the state of New York.
Dissolving a same-sex marriage without help from same-sex divorce attorneys in New York could be a costly mistake. When you hire a same-sex divorce lawyer, you gain the compassionate support of a tireless advocate who understands the unique challenges you face and how to solve those problems.
New York’s same-sex divorce laws can have serious implications for your parental and property rights. An attorney who handles same-sex divorce cases can review your case, listen to your goals, and provide you with the right legal strategy moving forward. Their help can remove the stress and uncertainty of going through a divorce, so you can begin planning for the future with confidence.
A: Yes. New York recognized same-sex marriages even before the US Supreme Court’s 2015 decision. The state began recognizing valid out-of-state same-sex marriages in 2008 and formally legalized those unions with the Marriage Equality Act in 2022. Now, LGBTQ+ marriages and divorces are treated the same under state law, even as same-sex couples experience unique challenges.
A: The cost of a divorce lawyer varies widely in New York City. More experienced attorneys from respected law firms charge higher hourly rates, while less experienced lawyers charge lower rates to attract clients. Family law attorneys typically bill by the hour based on a set rate. They usually require an upfront retainer as a condition of representation.
A: No. Attorneys cannot represent clients when that poses a conflict of interest. Spouses going through a divorce should have separate legal counsel. Even if you believe the divorce will not be contested, you still need representation from an attorney who can advocate for your interests and review any documents before you sign them.
A: Same-sex couples have the same legal rights as opposite-sex couples in matters involving marriage, divorce, property division, child support, and spousal maintenance. The courts apply the same statutes and guidelines that apply to opposite-sex couples. While the cases are supposed to be handled by the same legal standards, same-sex couples still experience unique challenges in court.
The Levoritz Law Firm understands the unique challenges and concerns spouses from same-sex marriages face when going through a divorce. Our award-winning attorneys handle divorce and family law matters for clients of all sexual orientations and gender identities. When you work with our legal team, you gain the hands-on and compassionate support of a lawyer who genuinely cares about the outcome of your case.
Our firm is committed to ensuring that our clients receive equal treatment under New York Law. Expect close communication and client-focused services throughout your case. Contact our office today to schedule your consultation so we can review your case and provide you with the exceptional legal services that you are owed.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Yonatan Levoritz who has more than 20 years of legal experience as a divorce & family attorney.
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