Numerous same-sex couples in Albany celebrated equal rights after the state recognized same-sex marriage in 2011. The expansion of marriage rights to include same-sex couples was life-changing for many people. Of course, one of the rights associated with marriage is dissolving the union.
Divorce is never easy, including for same-sex couples. If you intend to dissolve your marriage, you could benefit from a discussion with a compassionate divorce attorney. Before you take on this task alone, consider reaching out to an Albany LGBTQ divorce lawyer as soon as possible.
Any time a couple divorces, the courts will distribute the marital assets they accumulated during the course of the marriage. This is true for same-sex and opposite-sex couples alike.
The law might be the same for all couples, but there are additional challenges when it comes to LGBTQ divorce. For starters, the length of time a couple has been married is a factor courts can consider when it comes to things like the equitable division of assets or the need for spousal support. Of course, the option to marry in New York has only been available to same-sex couples since 2011.
The reality for many couples is that they were together for many years long before the state recognized it as a legal union. Unfortunately, there is no uniform way for the courts to address this issue. Some judges will take a deeper look and take into account how long a couple was together prior to marriage equality. Others might choose to only look at the beginning of the formal marriage. This is not an issue for heterosexual couples who have had the option to marry for their entire adult lives.
Once a judge determines the formal and informal length of same-sex marriage, there are other factors they will consider when dividing marital property. Albany is in an equitable distribution state, which requires judges to split marital property fairly. This could lead to a property split that is uneven, depending on the circumstances.
There can be many challenges to navigate when dividing property during a same-sex divorce. An Albany LGBTQ divorce attorney could help manage this process and pursue a fair outcome.
The same laws that govern child custody and visitation for heterosexual couples apply to same-sex couples as well. However, it is not uncommon for same-sex parents to have additional legal issues that must be addressed. Adoptions are far more prevalent among same-sex couples, while the lack of formalized adoption can also lead to serious custody complications.
There are unique challenges any time a spouse who is not the biological parent of a minor child seeks custody or visitation. Navigating these issues can be difficult for non-adoptive parents going through the breakup of their marriage. Due to these issues, it is vital to speak to an Albany same-sex divorce attorney right away about preserving their parental rights.
If you are facing the likely prospect of an impending divorce, now is the time to seek out a legal advocate. Your rights related to your property or even your children will be decided during this important process.
Let an Albany LGBTQ divorce lawyer guide you along the way. Call for a confidential consultation as soon as possible.
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