In New York, married gay couples have the same rights to get divorced as straight couples. However, they may face unique complications including issues around parental and property rights. Please continue reading to learn the challenges same-sex couples can face during a divorce and how an experienced Suffolk County Divorce Attorney can assist you.
How Do I End My Same-Sex Marriage in New York?
In 2015, the U.S. Supreme Court ruled to legalize same-sex marriage across all 50 states. This landmark decision transformed the lives of gay couples, allowing them to access benefits associated with marriage, such as being added to a spouse’s health care plan, tax exemptions, and any other protections available to heterosexual couples. You should note that along with the right to marry, same-sex couples were afforded the right to divorce.
The rules and procedures for same-sex divorce are identical to those for heterosexual divorces. This means you must meet the state’s residency requirements and provide a legally accepted reason for the breakdown of the marriage to divorce. While same-sex couples have the same rights to get divorced as straight couples, they will face unique challenges.
What Issues Can Arise During a Same-Sex Divorce?
If you were in a domestic partnership prior to the legalization of your marriage and are now separating, you might encounter unique legal challenges. Due to the historical inconsistency in state laws regarding same-sex marriage, a divorce can lead to various ambiguities and disputes concerning aspects of your separation, including property division, financial support, and other matters that are typically more straightforward in a traditional divorce.
When it comes to property division, property acquired during the marriage is generally subject to division between the spouses. However, if your relationship predates the legalization of your marriage, determining which assets are marital property and which are separate property can be more complicated. The date when the marriage began is important for property distribution. This means that gay couples living together before their partnership became legal, could face an unfair outcome.
Similarly, the length of the marriage may be a factor in whether spousal maintenance is awarded, how much is awarded, and how long one spouse is obligated to pay a more dependent spouse. This calculation can be more difficult in same-sex marriages due to the difference in how courts determine the length of the marriage.
Furthermore, there may also be complications surrounding child custody and support if you and your partner have children together. If your children were born or adopted before the marriage was legalized, establishing paternity and determining custody arrangements may require additional steps.
At the Law Offices of Susan A. Kassel, P.C. we are prepared to help you navigate the complexities of your situation, protect your rights, and work towards a fair resolution.
