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Whether in the workplace or justice system, Manhattan and the state of New York provide strong protections for members of the LGBTQ+ community. Having equal protection under the law does not mean that spouses from same-sex couples do not face serious challenges when going through a divorce. If you worry about how child custody and property matters will be handled in your case, you can secure representation from same-sex divorce lawyers in Manhattan.
The family law attorneys at The Levoritz Law Firm are committed to providing effective and compassionate representation to members of our valued LGBTQ+ community. Since 2005, we have provided results-driven legal representation to spouses from same-sex marriages going through emotionally and legally complex divorces.
Setting our law firm apart is our hands-on approach to managing family law cases and our willingness to file first when it supports our clients’ goals. When you work with our dedicated legal team, you are connected directly to one of our award-winning attorneys. We bring decades of combined courtroom experience to the cases we handle and devote considerable time and resources to seeing our cases through.
Divorces in New York are handled by the Supreme Court, with the nearest one located at 60 Centre Street here in Manhattan. Once a case is filed and accepted, both spouses are tasked with accounting for marital and separate property and negotiating the terms of child custody. New York follows an equitable distribution rule for dividing the marital estate, and cases are decided on what’s fair and not necessarily what would amount to a 50/50 split.
Child custody cases are decided based on the best interests of the child. The divorce process may also involve considerations of child and spousal support. Both parents can decide legal and physical custody matters. When contested cases lead to lengthy delays, the courts can take a more active role in making decisions about where the child lives and what visitation rights each party is given.
Whether you live in Harlem, SoHo, or the Upper East Side, you may face unique challenges when dissolving a same-sex union. Over one million residents in New York identify as LGBTQ+. Disputes over property division could become contentious. The median household income in Manhattan is around $101,078, and many high-earning couples face complicated situations, especially when they cohabitated before same-sex marriage was recognized.
Custody cases can be complicated when a non-biological parent seeks custody rights. If there were never a formal adoption process, the non-biological parent could be tasked with proving to the courts that they deserve custody and visitation rights. If both biological parents are in the child’s life, the courts could face the complicated task of deciding how custody rights are arranged.
If you are dissolving your same-sex union, your top priority should be to hire a same-sex divorce lawyer. New York’s same-sex divorce laws are complex and could have serious implications for your parental and property rights. When you hire a same-sex divorce lawyer, you benefit from their years of experience managing complex same-sex divorce cases.
Your lawyer can explain your rights and options after reviewing your background. Based on your priorities, they can tailor the right strategy to help you achieve your goals. Throughout the process, they can keep you updated on important developments so you are well-informed on crucial decisions about how to move your case forward.
A: New York applies the same laws, statutes, and guidelines for both same-sex and opposite-sex couples. When handling matters like property division, child support, and custody, the courts review evidence and listen to legal arguments before making rulings. Property division is based on equitable distribution laws, while custody matters focus on the best interests of the child.
A: There are many unique legal issues that can arise around property division and custody matters. When couples were together before same-sex marriage was recognized, that could have implications for how marital property is designated. Same-sex marriages can lead to complex child custody considerations. The non-biological parent may be tasked with presenting evidence to support their request for legal and physical custody rights over the child.
A: Custody and parental rights are based on legal parentage, not solely biology. The courts consider whether both spouses are legal parents. This is typically done through adoption for the non-biological parent. If parentage is disputed, the courts may need to address those matters. The biological parent from outside the marriage may also have involvement in those disputes.
A: If a same-sex couple is married in another state and now lives in New York, the state would recognize the union as long as it is valid. Those cases can become complicated when there are questions about parentage. Jurisdiction issues may arise if the couple has not resided in New York long enough to meet the state residency requirements. An attorney can address these and other complications.
Going through a divorce can lead to unexpected challenges that could cause setbacks and delays. When you work with The Levoritz Law Firm, you gain representation from a team of compassionate advocates who understand the complexities of divorces involving same-sex marriages. We take the time to learn about clients’ concerns and goals before finding the right approach to managing their case.
Throughout your case, you can rely on our lead attorney to remain in close communication on important matters so you are always well-informed about important developments that could affect your case. Contact our office today to schedule your consultation and gain the exceptional legal representation that your case deserves.
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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