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One decade after the US Supreme Court’s 2015 decision to legalize same-sex marriage, many same-sex couples continue to navigate complex legal issues during a divorce. Custody and property division disputes can delay a divorce from finalizing. Given the high stakes of any divorce, working with same-sex divorce lawyers in Long Island, NY, should be your top priority. The right representation can make a meaningful difference in the outcome of your divorce.
Not every law firm is affirming of the LGBTQ+ community and understands the unique challenges spouses face in same-sex divorces. Our legal team brings decades of combined experience to managing complex divorces, including cases involving same-sex couples. We believe that everyone should be treated equally by the courts, regardless of their sexual orientation or gender identity.
When you secure representation from our law firm, you gain the support of compassionate and industry-leading attorneys. Our track record of favorable results in court has earned us awards from Super Lawyers. Lead attorney Karolina Krasnyanskaya was named a Rising Star by that group in 2019. When we take on a case, we spend considerable time and resources ensuring that our clients’ rights are protected and their interests are safeguarded.
Divorces are handled by the state’s Supreme Court. For residents in Long Island, that either means trips to 100 Supreme Court Drive or 1 Court Street. Spouses are tasked with accounting for separate and marital property. If there are children involved, the courts would want to see that legal and physical custody agreements are established. The average home value in Long Island is $630,611, and houses are just one of many assets that may need to be accounted for.
Child custody is decided based on the best interests of the child, which often requires consideration of the child’s needs and each parent’s child-rearing experience and ability to provide a safe and supportive home environment. Cases may also involve child support, which is set according to state guidelines. Lengthy marriages where spouses have significant differences in earning capacity could lead to alimony payments being included in the final order.
Over 8% of residents in New York identify as LGBTQ+, which accounts for over one million people. Spouses from same-sex marriages often face unique challenges during property division and when establishing child custody rights.
Determining parental rights for the non-biological parent following a divorce requires negotiations between spouses or rulings from the court. When one spouse was never legally recognized as a parent, either through adoption or a court-issued parentage order, the cases can become complicated.
The outcome of property division may be determined, in part, by when the couple began living together. If the couple were living as a married couple before same-sex marriage was recognized, anything acquired before that date may not be considered marital property. Same-sex couples can also face challenges when determining child and spousal support.
Whether you live in Garden City, Huntington, or Patchogue, the outcome of your divorce could depend on the quality of your legal representation. New York’s same-sex divorce laws provide the framework for dividing an estate and establishing parental rights, but enforcing your rights along the way requires support from same-sex divorce attorneys in Long Island.
The decision to hire a same-sex divorce lawyer ensures that your case benefits from a lawyer who has spent years or decades managing complex same-sex divorce cases. An attorney with experience representing members of the LGBTQ+ community can explain your rights and provide you with options for protecting your rights and interests. If challenges arise along the way, they can take decisive action to address those matters through negotiations or litigation.
A: An attorney can help you manage your divorce by taking the time to understand your background and the potential challenges you may face in family court. Spouses from same-sex marriages often face unique obstacles when going through a divorce. Legal representation can play a key role in protecting your rights throughout the process. An attorney can negotiate or litigate a favorable settlement that ends your marriage.
A: The courts in New York focus on legal parentage, not simply biology. If a same-sex couple divorces, the courts consider the non-biological parent’s past relationship with the child. An adoption or court-issued parentage order can greatly help the non-biological parent’s case. Having strong legal representation can also help the non-biological parent protect their parenting time with the child.
A: New York’s equitable distribution laws apply the same to same-sex couples as they do to opposite-sex couples. The laws make no differentiation between the two types of marriage. During a divorce, the couple must account for marital and separate property. Marital property is then divided fairly and equitably. Separate property is not subject to division in court.
A: Yes. If a same-sex couple lived together before their state or the US Supreme Court legalized same-sex marriage, any property or debt they acquired would be separate property. Only after their marriage was legally recognized would marital property apply to anything they bought or acquired. Sorting out these types of complex situations requires support from an attorney who handles same-sex divorce cases.
If you are preparing to divorce your same-sex spouse, you can rely on The Levoritz Law Firm to deliver the exceptional legal services you need to protect your rights and interests. Our award-winning attorneys bring decades of combined experience managing complex divorces.
We understand the complexities of cases involving same-sex couples and how to account for large marital estates. Trust our team of seasoned litigators to provide you with the insight and unwavering support you need to see your case through. Contact our office today to schedule your initial consultation.
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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